Claims that cannabis was cultivated for personal therapeutic use only did not prevent the High Court making a proceeds of crime restraining order over some $73,500 cash seized by police and ASX listed shares currently valued at $A30,900.
Paul James Stevenson has prior drug convictions; possessing cannabis for supply (in 1987) and possessing cocaine for supply (1991), plus subsequent cannabis related offences.
The High Court was told a February 2022 police search of his home found 460 grams of cannabis, four mature cannabis plants and a room fitted out for cannabis cultivation. A wooden box concealed in a cabinet contained $73,500 in cash.
An investigation into his financial affairs found declared income averaging only $16,200 over the previous seven years. Police allege financial assets accumulated during this time amount to proceeds of crime: the $73,500 cash, ASX listed shares registered in his name and $130,000 deposited directly into his credit card account.
Mr Stevenson said he medicates with cannabis since he suffers from both ankolysing spondoliyis and osteoarthritis. He further said his cash assets are explained in part from an inheritance received in 2007 and cash provided by un-named third parties for investment on their behalf.
Mr Stevenson said some of the cash also came from his entrepreneurial activities in selling whitebait, firewood and garlic together with furniture he had made. If so, there had been no income declared from these activities, Justice Churchman pointed out.
Justice Churchman imposed Criminal Proceeds (Recovery) Act restraining orders over the assets seized. Whether these assets should be forfeit await a later court hearing where the credibility of Mr Stevenson’s explanations can be closely examined.
Commissioner of Police v. Stevenson – High Court (17.04.24)
24.093