Director of Prublic Prosecutions (Qld) v Lowe & Ors [2001] QSC 158

O\· ISB. 4113b . State Reporting Bureau (~ Queensland Government ~ Department of justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION HELMAN J No 10762 of 2000 REVISED COPIES ISSUED State Reporting Bureau Date3a/ ~ I o I THE DIRECTOR OF PUBLIC PROSECUTIONS (QUEENSLAND) Applicant and DENNIS JAMES LOWE and LINDA MARIE CURRIE and DENLIN LABORATORIES PTY LTD and First Respondent Second Respondent Third Respondent QUEENSLAND BLOODSTOCK AND RACING PTY LTD Fourth Respondent and LINDEN BLOODSTOCK PTY LTD Fifth Respondent BRISBANE .. DATE 18/04/2001 JUDGMENT Floor, The Law Courts, George Street, Brisbane, a. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 4 -- 18042001 T26/HMB18 M/T 3/2001 (Helman J) HIS HONOUR: This is an application under the Crimes Confiscation Act for an order that the order of Byrne J. made on 20 December 2000 be varied in a number of ways. The parties have agreed to the terms of the order except for one part of it, that relating to the living expenses of the respondents, Dennis Lowe and Linda Currie, and their children. Under the Crimes Confiscation Act a restraining order 1 10 against a person's property may be made subject to such 20 conditions as the Court thinks fit; and, without limiting the generality of that provision, may make provision for meeting out of the property, or a specified part of the property, among other things the person's reasonable living expenses, including the reasonable living expenses of the 30 person's dependants, if any. There is evidence before me that the living expenses of the respondents are $2,172.36 weekly but included in that figure are figures for education, $192.63, car repayments $384.34 40 and storage of $52.95. Those three items come to $629.92, and it is common ground that they may be disregarded in considering the issue before me. That means that the total weekly expenses of the respondents are now $1,542.44, and it is submitted on behalf of the respondents that, bearing in 50 mind that the amended order is to remain in force for some time, I should conclude that a figure of $1,600 would be the appropriate one to provide for the respondents' living expenses. 2 JUDGMENT 60 -- 2 of 4 -- 18042001 T26/HMB18 M/T 3/2001 (Helman J) On behalf of the Director of Public Prosecutions a lower figure was urged upon me - $980 in round figures, based on statistics provided by the Australian Bureau of Statistics showing average weekly living expenses. The difficulty about accepting the lower figure is that the Bureau figure covers all households in Australia, so that there will be households of one or two people as well as households of larger riumbers taken into account. The respondents here have two children so their household is one of four people. In addition to the difficulty I have mentioned, there is the consideration that the Act refers to reasonable living expenses and does not provide that they are to be determined by a mechanical application of a figure derived from the Bureau of Statistics figures for average weekly living expenses. Each case must then be considered according to the circumstances of the persons whose expenses are under consideration. On the evidence before me it appears that there is no extravagance in the figures that have been placed before me on behalf of the respondents as to their actual expenses. It appears that their standard of accommodation is now lower than it was previously, and that their expenses for that accommodation are reasonable for the area in which they live. Accordingly, I accept the submissions made on their behalf that a figure of $1,600 per week would be an appropriate figure to allow for their living expenses. I shall therefore include that figure in the draft order which shows that the remaining issues have been resolved. 3 JUDGMENT 1 10 20 30 40 50 60 -- 3 of 4 -- 18042001 T27/TW12 M/T 4/2001 (Helman J) MR HAMPSON: Yes. HIS HONOUR: So, then that will be - in paragraph 6(a) that will be $3,200 won't it, a fortnightly figure. MR MAY: I've put it fortnightly. HIS HONOUR: Yes. Actually, I mistakenly wrote in $1,600, but I have amended that. MR HAMPSON: Yes. HIS HONOUR: It's a fortnightly figure. MR HAMPSON: Yes, that's correct, yes. The evidence was all in weeks, but the order was in fortnights. HIS HONOUR: Yes. All right, is there anything further. MR HAMPSON: No, your Honour. HIS HONOUR: Well, I will make, with that amendment to the order I make the order as in the initialled draft. I haven't been through the order in minute detail, but there's nothing in it that calls for any----- MR MAY: No, your Honour, it's been fully discussed between my friend and myself. HIS HONOUR: All right, thank you. 4 JUDGMENT 1 10 20 30 40 50 60 -- 4 of 4 --