Confiscating proceeds of crime: Where to draw the line?

The Supreme Court of NSW has issued a restraining order freezing funds in a family trust that holds the money David Hicks has earned from his book about his detention in Guantanamo Bay.

Further the Commonwealth Director of Public Prosecutions has launched an action under the Proceeds of Crime Act seeking to seize all money made from sales of the memoirs.

Previously we have commented on proceeds of crime legislation

“Questions must be raised as to whether they are legitimate instruments to discourage profiting from crime or whether they are merely another revenue grabbing tool of the state”.

It would seem the question also arises whether the Crown has a basis to seize the money given that:

"He [Hicks] pleaded guilty after years of torture to trumped-up charges in a military tribunal that's since been struck down by the United States supreme court," Read More.

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