Director of Public Prosecutions (SA) v Dobie

The Director of Public Prosecutions (SA) appealed to the Full Court of the Supreme Court of South Australia against an order of the Magistrates Court awarding costs to the respondent. The dispute arose after the respondent was successful in an application to exclude his property from forfeiture under the *Criminal Assets Confiscation Act* (SA). The core of the appeal concerned whether the Magistrate erred in exercising their general discretion to award costs against the DPP, and whether section 227 of the *Criminal Assets Confiscation Act* applied to proceedings to avoid automatic forfeiture.

The legal issues before the Full Court were whether the Magistrate had erred in awarding costs against the DPP, and whether section 227 of the *Criminal Assets Confiscation Act* was applicable to the proceedings in the Magistrates Court. The DPP argued that section 227, which deals with costs in relation to forfeiture proceedings, was the relevant provision and that it did not permit an award of costs against the DPP in this instance. The respondent contended that the proceedings were civil in nature and that the Magistrate had a general discretion to award costs under section 37(1) of the *Magistrates Court Act 1991* (SA).

The Full Court reasoned that the proceedings before the Magistrate were indeed civil proceedings for the purpose of section 37(1) of the *Magistrates Court Act*. The Court found that section 227 of the *Criminal Assets Confiscation Act* did not apply to the specific application made by the respondent to exclude his property from forfeiture, as that section was directed at costs incurred in relation to the forfeiture itself, not applications to avoid it. Therefore, the Magistrate was entitled to exercise the general discretion conferred by section 37(1) of the *Magistrates Court Act*.

The appeal was dismissed, and the order of the Magistrates Court awarding costs to the respondent was upheld.