Zhuang v Director of Public Prosecutions (NSW)

[2016] NSWCCA 27

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Confiscation of proceeds of crime
3. › Drug proceeds order
4. › Assessment of benefit derived from drug trafficking
5. › Whether failure to consider involvement of other persons in chain of drug supply
6. › Whether point raised below
7. › Confiscation of Proceeds of Crime Act 1989 (NSW), ss 29, 30, 31
1. Appeal
2. › Criminal appeal
3. › Appeal against drug proceeds order as if appeal against sentence
4. › Leave to appeal
5. › Whether error demonstrated
6. › Where argument not raised at first instance
7. › Confiscation of Proceeds of Crime Act 1989 (NSW), s 92
8. › Criminal Appeal Act 1912 (NSW), s 5(1)(c)

Quick Take

A drug proceeds order under s 29(1) of the Confiscation of Proceeds of Crime Act 1989 (NSW) will not be disturbed on appeal where the argument challenging the assessment was not raised at first instance and there is no evidentiary foundation for the challenge. Vague and unparticularised references to the involvement of other persons in drug supply activities do not provide a sufficient basis to reduce the assessed benefit derived by the offender.