Director of Public Prosecutions (Vic) v Le

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND CRENNAN JJDIRECTOR OF PUBLIC PROSECUTIONSFOR VICTORIA  APPELLANTANDPHAN THI LE  RESPONDENTDirector of Public Prosecutions for Victoria v Le [2007] HCA 5214 November 2007M65/2007ORDER1.Appeal allowed in respect of grounds (1)-(3) and dismissed in relation to grounds (4)-(7).2.Set aside Order 1 of the orders made by the Court of Appeal of the Supreme Court of Victoria on 15 February 2007 and, in its place, order that:(a)the appeal be allowed; (b)Order 1 of the orders made by Judge Campbell on 31 March 2006 be varied as follows:(i)Order that the interest as joint proprietor of Phan Thi Le in the property situated at 10/28-30 Ridley Street, Sunshine and more particularly described in Certificate of Title Volume 9604 Folio 908 be excluded from the automatic forfeiture pursuant to s 52(1)(a) of the Confiscation Act 1997; and(ii)Declare that the nature of the interest of Phan Thi Le in the property is that of tenant in common as to a one-half share.3.        The appellant to pay the respondent's costs of the appeal to this Court.On appeal from the Supreme Court of VictoriaRepresentationD F Jackson QC with N J O'Bryan SC for the appellant (instructed by Solicitor for Public Prosecutions)D Grace QC with D C Hallowes and M K Moshinsky for the respondent (instructed by Melinda Walker & Co)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSDirector of Public Prosecutions for Victoria v LeCriminal Law – Confiscation of...