Asset Recovery Flashcards
1
Q
What is significant Criminal Activity?
A
Offences that carry 5 years imprisonment, or more than $30,000 Criminal Benefit
2
Q
What is an instrument of Crime?
A
Something used to commit or facilitate the commission of an offence
3
Q
What does R v Brazendale relate to?
A
- 30 Cannabis plants located at his address
- farm worth $465,000 and in a family trust
- was convicted and sentenced to 18 months
- however farm was forfeited
- as a result, convicted and discharged
4
Q
What is the difference between an “Asset Forfeiture Order” and “Profit Forfeiture Order?”
A
Asset forfeiture orders can include instruments of crime, tainted property.
Profit forfeiture orders relate to money obtained by committing crime.
