New South Wales Crime Commission v Hindmarch
[2019] NSWSC 1801
At a glance
Source factsCourt
Supreme Court of NSW
Decision date
2019-12-10
Before
Davies J
Source
Original judgment source is linked above.
Judgment (10 paragraphs)
Background
- In a summons filed 23 March 2012 the plaintiff sought an order pursuant to s 27 of the Criminal Assets Recovery Act 1990 (NSW) that the defendant, Sean Robert Hindmarch, pay to the Treasurer an amount assessed by the Court as the value of the proceeds derived from the illegal activities of the defendant that took place not more than six years before the making of the application.
- The plaintiff also seeks by notice of motion filed 3 December 2019 the following order: In the event an order is made pursuant to section 27 of the Criminal Assets Recovery Act 1990 as sought in prayer 5 of the Summons filed 23 March 2012 (which is listed for hearing on 10 & 11 December 2019), then pursuant to section 10B(2) of the Act, the New South Wales Trustee and Guardian shall take control of the interest in property of the Defendant in the property specified in the Schedule hereto. The Schedule identifies the property registered in the defendant's name at 34 Ninth Street, Weston in New South Wales.
- On the day the summons was filed, ex parte restraining orders were made pursuant to s 10A of the Act and an order was made for the defendant to be examined on oath before a registrar of the Court concerning his affairs.
- The basis for the restraining orders and for seeking an order under s 27 of the Act was a suspicion by an authorised officer of the plaintiff, Jonathan Lee Spark, that the defendant had engaged in serious crime related activities within the meaning of that term in s 6 of the Act. Those activities were the supply of a prohibited drug, namely methylamphetamine, of an amount greater than the indictable quantity contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) and the supply of prohibited drugs, namely methylamphetamine, on an ongoing basis contrary to s 25A(1) of the DMT Act.
- Ultimately the defendant was convicted on 9 June 2016 in the District Court New South Wales at Newcastle of two counts of supplying an indictable quantity of a prohibited drug (not cannabis) with one offence having been committed between 20 September 2011 and 13 January 2012 and the other offence being committed on 13 January 2012. The defendant was sentenced on 9 June 2016 to imprisonment for two years and six months with a non-parole period of one year and nine months.