Studman v Commonwealth Director of Public Prosecutions

(2007) 177 A Crim R 34; [2007] NSWCA 285

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Proceeds of crime
3. › Forfeiture of property
4. › Exclusion from forfeiture
5. › Whether property 'proceeds of unlawful activity'
6. › Bank account opened in false name
7. › Whether chose in action derived from offence of opening account in false name
8. › Proceeds of Crime Act 2002 (Cth), ss 29, 91, 92, 94
9. › Financial Transaction Reports Act 1988 (Cth), s 24
1. Criminal Law
2. › Proceeds of crime
3. › Forfeiture of property
4. › Exclusion from forfeiture
5. › Whether property 'instrument of unlawful activity'
6. › Whether property 'used in connection with' commission of offence
7. › Proceeds of Crime Act 2002 (Cth), s 94(1)(e), s 329(2)(a)
1. Criminal Law
2. › Proceeds of crime
3. › Forfeiture of property
4. › Exclusion from forfeiture
5. › Whether interest in property 'lawfully acquired'
6. › Proceeds of Crime Act 2002 (Cth), s 94(1)(f)
1. Criminal Law
2. › Proceeds of crime
3. › Forfeiture of property
4. › Automatic forfeiture upon conviction
5. › Whether appeal futile where forfeiture period expired without extension order
6. › Proceeds of Crime Act 2002 (Cth), ss 91, 92, 93

Quick Take

A chose in action constituted by a bank account opened in a false name contrary to s 24 of the Financial Transaction Reports Act 1988 (Cth) is 'proceeds of unlawful activity' under the Proceeds of Crime Act 2002 (Cth), even where the funds deposited were lawfully obtained. The property is also an 'instrument of unlawful activity' and is not 'lawfully acquired'. Failure to seek an extension order under s 93 before the forfeiture period expires renders an appeal against refusal of an exclusion order futile.