R v Collis - [1990] 2 NZLR 287

Criminal law — Forfeiture — Forfeiture of illegally obtained money — During execution of a search warrant police seized $103,000 and cannabis — Accused at first denied all knowledge of the money but, after he had been convicted of possessing cannabis for supply, he claimed the money was his, that it came from illegal drug dealings, and applied for return of the money — As accused had been convicted only of possession of cannabis for supply, the money could not be forfeited to the Crown under s 32(3) of the Misuse of Drugs Act 1975 — Whether Court would assist in recovery of money which was illegally obtained — Whether accused's proprietary right to the money entitled him to it — Whether refusal to return the money to the accused would amount to unlawful forfeiture — Summary Proceedings Act 1957, s 199.

Criminal law — Practice and procedure — Case stated — Jurisdiction of High Court to state a case under s 380 — Observations as to whether, after the trial and sentence of an accused, a Judge may state a case concerning the disposal of an exhibit used at the trial — Crimes Act 1961, s 380.