Thomas v The State of Western Australia
[2012] WASC 194
•11 JUNE 2012
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
CITATION: THOMAS -v- THE STATE OF WESTERN AUSTRALIA [2012] WASC 194
CORAM: EM HEENAN J
HEARD: 19 APRIL 2012
DELIVERED : 19 APRIL 2012
PUBLISHED : 11 JUNE 2012
FILE NO/S: CPCA 95 of 2010
Consolidated by order dated 2 November 2007
MATTER :Section 79 of Criminal Property Confiscation Act 2000
AND
Freezing Notice Number WAPFN100163
BETWEEN: BRETT JAMES THOMAS
Applicant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent
FILE NO/S :CPCA 97 of 2010
BETWEEN :YULIANA THOMAS
Applicant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent
Catchwords:
Crimes confiscation of profits
Legislation:
Misuse of Drugs Act 1981 (WA)
Result:
Objection dismissed
Declarations of confiscation
Order for delivery up of motor vehicle
Category: A
Representation:
CPCA 95 of 2010
Consolidated by order dated 2 November 2007
Counsel:
Applicant: In person
Respondent: Mr M Seaman
Solicitors:
Applicant: In person
Respondent: Director of Public Prosecutions (WA)
CPCA 97 of 2010
Counsel:
Applicant: In person
Respondent: Mr M Seaman
Solicitors:
Applicant: In person
Respondent: Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Nil
EM HEENAN J: By summons in these proceedings dated 6 January 2012 the Director of Public Prosecutions for Western Australia on behalf of the State seeks orders and declarations that all the property of the first plaintiff, Brett James Thomas, be confiscated to the State and that objections to the confiscation lodged by him and by the second plaintiff, Yuliana Thomas, be dismissed.
The history of the matter is that Brett Thomas was convicted in the District Court of Western Australia of an offence under s 6 of the Misuse of Drugs Act 1981 (WA) of one count of possessing a prohibited drug, namely methylamphetamine, with intent to sell or supply it to another. That offence was committed on 19 May 2010, and he was also declared to be a drug trafficker pursuant to s 32A(1) of the Misuse of Drugs Act in relation to that conviction. That declaration was made on 20 June 2011 according to the calendar of events in the District Court, which is in the evidence before this court.
Objections to an earlier freezing notice were lodged, as I have already remarked, but upon the conviction and the declaration they must be dismissed. The property which is the subject of the application for the confiscation order is a half‑interest in land at 72 Bottlebrush Crescent, South Hedland, owned by the first plaintiff. Accordingly, I direct that the first plaintiff's interest in 72 Bottlebrush Crescent, South Hedland, being all the land in certificate of title vol 2085, folio 431, be confiscated; and secondly, that Brett James Thomas' interest in land commonly known as 9 Suffolk Street, Mount Clarence, in which he has a one‑third interest as joint tenant and a half‑interest in a one‑third interest as joint tenant and a one‑third interest as tenant in common, amounting to three sixth interests, will also be confiscated; and that Toyota 2002 Landcruiser wagon, registration with a specified engine number as set out in the chamber summons, is also confiscated; and that cash in the sum of $4,100, together with any interest, is also confiscated.
The orders will be that the first plaintiff's objection to the confiscation of frozen property be dismissed; the second plaintiff's objection to the confiscation of frozen property be dismissed; all the property that Brett James Thomas 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 on 29 September 2011 and all property that he gave away at any time before the drug trafficker declaration was made has been confiscated to the State of Western Australia.
Without limiting the generality of the declaration just made, the following property has been confiscated: namely the 50% interest in the land at South Hedland, the half‑interest of a one‑third interest as tenant in common, and a further one‑third interest as tenant in common in 9 Suffolk Street, Mount Clarence, the Toyota Landcruiser and the cash.
It will be further ordered that within seven days of being requested by the Director of Public Prosecutions or his agent to do so, Brett James Thomas deliver up or cause to be delivered up the Toyota to such a place as is nominated by the DPP or his agent.
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