Lyall v Solicitor-General - [1997] 2 NZLR 641

Criminal law — Forfeiture — Proceeds of crime — Tainted property — Property beneficially owned by two parties each with separate tenancy of different part — One party convicted of drug offences — Whether whole property interest tainted — Whether forfeiture "disproportionately" severe within meaning of s 9 of New Zealand Bill of Rights Act 1990 — Meaning of "undue hardship" within s 15(2)(b) of Proceeds of Crime Act 1991 — Whether party "involved in the commission of the offence" within s 18(2)(a) of Proceeds of Crime Act 1991 — Whether material association with offending sufficient — Observations as to desirability of empowering Court to forfeit part of an offender's interest in a property or part of its value — Proceeds of Crime Act 1991, ss 2, 15(2)(b) and 18 — New Zealand Bill of Rights Act 1990, s 9.

Criminal law — Forfeiture — Proceeds of crime — Tainted property — Whether property should be relieved from forfeiture — Meaning of "involved in the commission of the offence" — Whether material association with the offending is enough — Degree of involvement relevant to decision whether to grant relief — Whether current statutory limitation prevents grant of partial relief — Observations as to need for review of Proceeds of Crime Act 1991 — Proceeds of Crime Act 1991, s 18.