Published 10 April 2019
Forfeiture — Misuse of Drugs Act 1975, s 32 — drug proceeds — methamphetamine. The defendant's home was searched in relation to evidence of supplying methamphetamine on his mobile phone. Methamphetamine and $24,510 cash was found. The Crown sought forfeiture of the cash ($15,000 found in a cereal box and $9,510 found on the defendant's person) in accordance with s 32 of the Misuse of Drugs Act. The defendant argued the cash was the proceeds of two car sales; however the defendant failed to produce any evidence of who he had sold the first car to, and could provide no evidence of the sale price or transaction of the second sale either. The Judge held that based on the presence of the methamphetamine and drug paraphernalia, the lack of evidence supporting the defendant's claims, and the large sums of cash held by the defendant's co-defendants also, the money was, on the balance of probabilities, the result of drug dealing. The Judge ordered that the money be forfeited. Judgment Date: 1 June 2018.
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