Ranford v The State of Western Australia

[2015] WASC 45 (S)

RANFORD -v- THE STATE OF WESTERN AUSTRALIA [2015] WASC 45 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2015] WASC 45 (S)
Case No:	CPCA:97/2012	Heard:	24 FEBRUARY 2015
Coram:	EDELMAN J	Delivered:	24/02/15
No of pages:	3	Judgment Part:	1 of 1
Result:	Declaration of confiscation made
Category:	B
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Parties:	RAYMOND RANFORD SOMJIT ON-VIMON THE STATE OF WESTERN AUSTRALIA
Catchwords:	Criminal law Criminal property confiscation Whether third party interest in payments made for family benefits
Legislation:	A New Tax System (Family Assistance) Act 1999 (Cth) Criminal Property Confiscation Act 2000 (WA) Misuse of Drugs Act 1981 (WA)
Case References:	Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : RANFORD -v- THE STATE OF WESTERN AUSTRALIA [2015] WASC 45 (S) CORAM : EDELMAN J HEARD : 24 FEBRUARY 2015 DELIVERED : 24 FEBRUARY 2015 FILE NO/S : CPCA 97 of 2012 BETWEEN : RAYMOND RANFORD

First Plaintiff

SOMJIT ON-VIMON
Second Plaintiff

AND

THE STATE OF WESTERN AUSTRALIA
Defendant

Catchwords:

Criminal law - Criminal property confiscation - Whether third party interest in payments made for family benefits

Legislation:

A New Tax System (Family Assistance) Act 1999 (Cth)

Criminal Property Confiscation Act 2000 (WA)
Misuse of Drugs Act 1981 (WA)

Result:

Declaration of confiscation made

Category: B

Representation:

Counsel:

First Plaintiff : No appearance
Second Plaintiff : No appearance
Defendant : Mr M Seaman

Solicitors:

First Plaintiff : No appearance
Second Plaintiff : No appearance
Defendant : Director of Public Prosecutions (WA)

Cases referred to in judgment:

Nil

EDELMAN J:

(These reasons were delivered orally and have been edited for grammar and syntax).

1 On 5 February 2015, I delivered reasons for decision in relation to this application. Declarations of confiscation were made in relation to each item sought by the DPP, with the exception of item 3(iii). That item was concerned with money in a Bankwest account to the credit of Mr Ranford trading as Pearlcoast Limos.

2 In relation to item 3(iii), there was evidence that government benefits in relation to Mr Ranford's child were paid into the bank account for Mr Ranford's limousine business. These benefits were described on bank statements for the account as 'Family Payment' and a reference number is provided. No submissions were made concerning the basis upon which government benefits paid into that bank account were held. In particular, no submissions were made concerning whether the benefits were paid to Mr Ranford absolutely, or whether they were paid on a statutory condition that might be capable of amounting to a statutory trust or giving rise to a statutory or equitable interest in favour of Mr Ranford's child. That part of the application was adjourned for further evidence and submissions.

3 Affidavit evidence has now been filed by the DPP that explains the reference to 'Family Payment' as being likely to be a reference to Family Tax Benefits paid since 1 July 2000 under pt 3 of A New Tax System (Family Assistance) Act 1999 (Cth). The payments made under that Act concern payments to assist with the raising of children. None of the payments under that Act is a payment tied to a purpose, or, in effect, a statutory trust or capable of creating any other interest in favour of a child.

4 It is appropriate that the following declaration be made:

Pursuant to s 8(1) and s 30 of the Criminal Property Confiscation Act 2000, the following property that Raymond Ranford ('RANFORD') owned or effectively controlled at the time he was declared to be a drug trafficker under s 32A(1) of the Misuse of Drugs Act 1981 (WA) on 22 August 2013 has been confiscated to the State of Western Australia, namely:-

(a) Monies standing to the credit of RANFORD trading as Pearlcoast Limos in Bankwest account number 119-013312-7 as at 22 August 2013 together with any interest thereon.