New South Wales Consolidated Acts

FORFEITURE ACT 1995 - SECT 11

11 Power of Supreme Court to apply forfeiture rule

(1) If a person who has killed another person is not subject to the forfeiture rule because the person has been found not guilty of murder by reason of mental illness, any interested person may make an application to the Supreme Court for an order that the rule apply as if the offender had been found guilty of murder.

(2) On any such application, the Court may make an order applying the forfeiture rule to the offender if it is satisfied that justice requires the rule to be applied as if the offender had been found guilty of murder.

(3) In determining whether justice requires the rule to be applied, the Court is to have regard to the following matters:

(a) the conduct of the offender,

(b) the conduct of the deceased person,

(c) the effect of the application of the rule on the offender or any other person,

(d) such other matters as to the Court appear material.

(4) If a forfeiture application order is made, the forfeiture rule is to apply in respect of the offender for all purposes (including purposes relating to anything done before the order was made) as if the offender had been found guilty of murder.