New South Wales Crime Commission v Vu [2009] NSWCA 349 (22 October 2009)

[2009] NSWCA 349

APPEAL – nature of appeal indicated by whether first instance decision best characterised as an exercise of ‘discretion’ or ‘judgment’ – ex parte nature indicates first instance determination should be treated in the same way as an inference from facts – principles in Warren v Coombes applicable
CRIMINAL LAW – procedure – confiscation of proceeds of crime and related matters – restraining or freezing order – evidence and procedure – requirements of affidavit under s 10 Criminal Assets Recovery Act 1990
CRIMINAL LAW – procedure – confiscation of proceeds of crime and related matters – restraining or freezing order – evidence and procedure – police officer issuing charge not sufficient to establish reasonable grounds for suspicion under s 10 Criminal Assets Recovery Act 1990
EVIDENCE – admissibility and relevancy – hearsay – interlocutory proceedings – need not identify the ultimate source of the statement
WORDS & PHRASES – “reasonable grounds for suspicion”.