High Court of Australia

Henderson v Queensland [2014] HCA 52

16 Dec 2014

Case Number: B22/2014


French CJ, Kiefel, Bell, Gageler, Keane JJ


Criminal law – Confiscation of property – Exclusion order – Where State sought forfeiture of proceeds of sale of jewellery given to appellant by deceased father – Where appellant sought exclusion from forfeiture under s 68(2) of Criminal Proceeds Confiscation Act 2002 (Q) ("Act") on ground money not "illegally acquired property" – Where "illegally acquired property" defined by s 22(2)(a) of Act to include "proceeds of dealing with illegally acquired property" – Whether sufficient for appellant to prove money was not proceeds of illegal activity on his part – Whether appellant discharged onus placed upon him by s 68(2)(b) to prove jewellery not illegally acquired by father.

Words and phrases – "burden of proof", "civil standard of proof", "exclusion order", "forfeiture order", "illegally acquired property".

Criminal Proceeds Confiscation Act 2002 (Q) – ss 4, 22, 25, 26, 58(1), 68(2).

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