Hall v Director of Public Prosecutions

This appeal concerned the application of the *Limitation of Actions Act 1936* (SA) to an application for the exclusion of property after its forfeiture under section 74(1) of the *Criminal Assets Confiscation Act*. The appellant, Mr Hall, was charged with cultivating a commercial quantity of cannabis. Following the seizure of cannabis plants and a restraining order over his property, the property was sold, and the net proceeds were paid into the District Court Suitors’ Fund. Mr Hall was subsequently convicted and sentenced, with his sentence being reduced on appeal. The Director of Public Prosecutions then sought a declaration that the funds held in the Suitors’ Fund had been forfeited to the Crown.

The central legal issue before the Full Court of the Supreme Court of South Australia was whether an extension of time could be granted under the *Limitation of Actions Act* to bring an application for the exclusion of property once forfeiture had already occurred under the *Criminal Assets Confiscation Act*. This question arose because the Director asserted that forfeiture had occurred on 9 October 2013, and no application for an extension order had been received by 30 October 2013.

The Court, comprising Gray, Stanley, and Parker JJ, reasoned that the *Limitation of Actions Act* could not be invoked to extend the time for seeking an exclusion order after forfeiture had taken place under section 74(1) of the *Criminal Assets Confiscation Act*. The Court noted that section 75 of the *Criminal Assets Confiscation Act* itself imposed a time limit, stipulating that any extension for seeking an exclusion order could not extend beyond 15 months from the date of conviction. As Mr Hall's conviction occurred on 1 August 2013, any potential extension could not go beyond 8 July 2014. The Court found that no submissions were made to address how such a circumstance could be managed.

Consequently, the appeal against the orders of the District Court Judge was dismissed.