Lim v State of Western Australia

The High Court of Australia considered an appeal by Mr. Lim against the State of Western Australia concerning the validity of a notice issued under section 13(1) of the *Criminal Code Act Compilation Act 1913* (WA). Mr. Lim had been convicted of a serious criminal offence and subsequently served his sentence. The State of Western Australia, through the Director of Public Prosecutions, issued a notice under section 13(1) of the *Criminal Code Act Compilation Act 1913* (WA) seeking to forfeit property that Mr. Lim had acquired during the period of his offending. Mr. Lim challenged the validity of this notice, arguing that it was issued contrary to law.

The central legal issue before the High Court was whether the notice issued under section 13(1) of the *Criminal Code Act Compilation Act 1913* (WA) was valid, notwithstanding that Mr. Lim had already completed serving his sentence for the underlying criminal offence. This required the Court to interpret the scope and operation of section 13(1) and its interaction with the timing of the forfeiture proceedings.

The High Court held that the notice was invalid. French CJ and Kiefel J reasoned that section 13(1) of the *Criminal Code Act Compilation Act 1913* (WA) contemplates that forfeiture proceedings under that section are to be commenced and concluded while the offender is still serving their sentence. Their Honours found that the language of the section indicated a legislative intention to link the forfeiture process to the period of imprisonment. As Mr. Lim had completed his sentence prior to the issuance of the notice, the State of Western Australia had no power to issue the notice under section 13(1).

The appeal was allowed, and the notice issued under section 13(1) of the *Criminal Code Act Compilation Act 1913* (WA) was declared invalid.