Perejmibida v Skelcher

Case [2002] WASCA 2


PEREJMIBIDA -v- SKELCHER [2002] WASCA 2



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 2
Case No:SJA:1085/200122 AUGUST 2001
Coram:ROBERTS-SMITH J14/01/02
26Judgment Part:1 of 1
Result: Appeal allowed
A
PDF Version
Parties:STEPHEN JOHN PEREJMIBIDA
ZACHARY JAMES SKELCHER

Catchwords:

Criminal law
Misuse of Drugs Act 1981
Declaration under s 32A that a person is a "drug trafficker"
Criminal (Property Confiscation) Act 2000, s 8(1)
Whether declaration that a person is a "drug trafficker" can be made by a Court of Petty Sessions
Criminal law
Misuse of Drugs Act 1981, s 9(2)
Summary conviction of an indictable offence
Whether s 673 of the Criminal Code applies
Whether deemed to be a conviction of a summary offence
Whether conviction of a "serious drug offence" within meaning of Misuse of Drugs Act 1981, s 32A(3)
Criminal law
Plea of guilty
Conviction
Conviction requires formal determination of guilt by court

Legislation:

Crimes (Confiscation of Profits) Act 1988 (WA), s 10(1)(b)
Criminal Code (WA), s 673
Criminal (Property Confiscation) Act 2000 (WA), s 8(1)
Misuse of Drugs Act 1981 (WA), s 32A

Case References:

Beckwith v The Queen (1976) 135 CLR 569
Cheatley v The Queen (1972-1973) ALR 907
Di Camillo v Wilcox [1964] WAR 44
Director of Public Prosecutions v Kindred (1995) 15 WAR 133
DPP Reference No 1 of 1972 (1993) 65 A Crim R 197
Griffiths v The Queen (1977) 137 CLR 293
Hester v Davies, unreported; SCt of WA; Library No 970721; 18 December 1997
K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309
Maxwell v The Queen (1996) 184 CLR 501; 87 A Crim R 180
Metropolitan Gas Co v Federated Gas Employees' Industrial Union (1924) 35 CLR 449
Murphy v Farmer (1988) 165 CLR 19
O'Neill [1979] 2 NSWLR 582
R v Cole [1965] 2 QB 388
R v Collins; Ex parte Attorney General (1996) 1 Qd R 631
R v Gillan (1991) 100 ALR 66
R v Robertson & Golder [1987] QB 920
R v Rowe (1991) 5 WAR 491
Rodway v The Queen (1990) 169 CLR 515
Ross v The Queen(1979) 141 CLR 432
Sagiv (1986) 22 A Crim R 73
Slater v Marshall [1965] WAR 222
Sweeney v Fitzhardinge (1906) 4 CLR 716
The King v Adams (1935) 53 CLR 563

DPP v Logan Park Investments Pty Ltd & Anor (1995) 37 NSWLR 118
Murphy v Farmer (1988) 165 CLR 19
St John v The Queen, unreported; CCA SCt of WA; Library No 4970; 23 June 1983
West v Suzuka [1964] WAR 112

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : PEREJMIBIDA -v- SKELCHER [2002] WASCA 2 CORAM : ROBERTS-SMITH J HEARD : 22 AUGUST 2001 DELIVERED : 14 JANUARY 2002 FILE NO/S : SJA 1085 of 2001 BETWEEN : STEPHEN JOHN PEREJMIBIDA
    Appellant

    AND

    ZACHARY JAMES SKELCHER
    Respondent



Catchwords:

Criminal law - Misuse of Drugs Act 1981 - Declaration under s…

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AGLC
Perejmibida v Skelcher [2002] WASCA 2
Case
[2002] WASCA 2
Decision Date

CaseChat Overview and Summary

Perejmibida v Skelcher is a decision by the Court of Appeal which deals with the application of various sections of the Misuse of Drugs Act 1981 and the Criminal (Property Confiscation) Act 2000. The dispute involved a declaration that the appellant was a "drug trafficker" under section 32A of the Misuse of Drugs Act 1981 and whether this declaration could be made by a Court of Petty Sessions. Additionally, the case examined the applicability of section 673 of the Criminal Code in relation to a summary conviction of an indictable offence and whether such a conviction could be deemed to be a conviction of a summary offence. The final issue was whether the conviction of a "serious drug offence" within the meaning of section 32A(3) of the Misuse of Drugs Act 1981 required a formal determination of guilt by the court.

The court was required to decide several key legal issues. Firstly, it needed to determine whether a declaration that a person is a "drug trafficker" could be made by a Court of Petty Sessions. Secondly, the court had to consider whether a summary conviction of an indictable offence under section 673 of the Criminal Code was deemed to be a conviction of a summary offence. Thirdly, it needed to examine whether the conviction of a "serious drug offence" required a formal determination of guilt by the court. The court's analysis of these issues was critical in understanding the extent to which the provisions of the Misuse of Drugs Act 1981 and the Criminal (Property Confiscation) Act 2000 could be applied in the context of a Court of Petty Sessions.

In reaching its decision, the court concluded that a declaration that a person is a "drug trafficker" could not be made by a Court of Petty Sessions. The court held that such a declaration required a formal determination of guilt by the court, which was not provided in this case. Consequently, the conviction of a "serious drug offence" under the Misuse of Drugs Act 1981 could not be based on a summary conviction of an indictable offence. The court's reasoning was grounded in the necessity for a formal determination of guilt, which is a requisite for such a declaration under section 32A of the Misuse of Drugs Act 1981. The appeal was allowed based on these findings.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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