Robert Charles De Bruin v The Queen - SC 9/2008

Appeal against order under the Proceeds of Crime Act 1991 - Court of Appeal held that the High Court had correctly calculated a pecuniary penalty order under s 25 of $1 million – whether first appellant more than a mere courier for the purposes of calculating the benefit received under s 27(2) – whether Court of Appeal wrong to follow R v Penderson [1995] 2 NZLR given position of couriers has not been resolved – whether Court of Appeal in error in upholding the High Court decision that the increase in value of the property was a benefit from the offending under s 28 – whether Court of Appeal was correct in finding that the appellants’ agreement under s 21 of the Property (Relationships) Act 2004 was intended to defeat the interests of the Crown as a creditor of the appellant – whether, given the second appellant’s appeal was successful in part, the Court of Appeal erred in ordering that the legal costs should be paid from the second appellant’s interest in the property.[2007] NZCA 600 CA 317/06 21 December 2007