Director of Public Prosecutions for Victoria v Le

Criminal Law – Confiscation of Property – Exclusion order – Husband was sole registered proprietor of an apartment ("the property") which was the matrimonial home – Husband charged with trafficking in drug of dependence – Husband subsequently transferred the property to himself and his wife ("the respondent") as joint registered proprietors for consideration of "natural love and affection" – Director of Public Prosecutions for Victoria obtained a restraining order over the property pursuant to the Confiscation Act 1997 (Vic) ("the Act") for the purpose of automatic forfeiture upon conviction – Husband convicted – Respondent applied, pursuant to s 51 of the Act, for exclusion of the property from automatic forfeiture – Whether whole of the property, or only the respondent's joint interest in the property, could be excluded from forfeiture on the satisfaction of certain conditions – Whether respondent satisfied the condition in s 52(1)(a)(iii) of the Act that the circumstances in which she acquired her interest in the property were "such as not to arouse a reasonable suspicion that the property was tainted property" – Whether "reasonable suspicion" to be tested wholly objectively – Whether "natural love and affection" constituted "sufficient consideration" within the meaning of s 52(1)(a)(v) of the Act.

Words and phrases – "good consideration", "interest", "natural love and affection", "property", "property in which the applicant claims an interest", "reasonable suspicion", "sufficient consideration", "valuable consideration".

Confiscation Act 1997 (Vic) – ss 51, 52(1), 52(2).