Wilmott v The State of Western Australia

[2012] WASC 308

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   WILMOTT -v- THE STATE OF WESTERN AUSTRALIA [2012] WASC 308

CORAM:   EM HEENAN J

HEARD:   8 AUGUST 2012

DELIVERED          :   30 AUGUST 2012

FILE NO/S:   CPCA 66 of 2011

MATTER                :Criminal Property Confiscation Act 2000 (WA)

BETWEEN:   ANDREW HAROLD GERALD WILMOTT

First Plaintiff

JULIA MARIE BILLINGHURST
Second Plaintiff

AND

THE STATE OF WESTERN AUSTRALIA
Defendant

Catchwords:

Criminal property confiscation - Crime used property - Objection dismissed - Declaration of confiscation

Legislation:

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

Result:

Declaration of confiscation of property

Category:    B

Representation:

Counsel:

First Plaintiff                  :     No appearance

Second Plaintiff             :     No appearance

Defendant:     Ms F A Humphries

Solicitors:

First Plaintiff                  :     No appearance

Second Plaintiff             :     No appearance

Defendant:     Director of Public Prosecutions (WA)

Case(s) referred to in judgment(s):

Nil

1. EM HEENAN J:  These proceedings were commenced by an originating summons dated 19 August 2011 issued by the first plaintiff, Andrew Harold Gerald Wilmott (Wilmott), and the second plaintiff, Julia Marie Billinghurst (Billinghurst) against the State of Western Australia objecting to the confiscation of property referred to in freezing notice number WAPFN110105 issued on 28 July 2011 (Freezing Notice).

2. The property subject to the Freezing Notice was the Land at Lot 375 on Plan 9960 in Certificate of Title vol 1356 folio 98, commonly known as 12 Kullaroo Court, Hillman (Property).  Wilmott is the sole registered proprietor of the Property.  The Freezing Notice was issued pursuant to s34 of the Criminal Property Confiscation Act 2000 (WA) (CPCA) on the basis that there were reasonable grounds to suspect that the Property was crime used.

3. Wilmott pleaded guilty and was convicted in the District Court of Western Australia on 27 March 2012 of two offences under s 6 of the Misuse of Drugs Act 1981 (WA) (MDA), being one count of cultivating a prohibited drug, namely cannabis, with the intent to sell or supply it to another and one count of possessing a prohibited drug, namely cannabis, with the intent to sell or supply it to another. The offences were committed on 26 July 2011.

4. The full details of the convictions and of the offences are contained in the affidavit of Ms J K Peters sworn on 30 May 2012

5. On 17 May 2012 the objection filed by Wilmott and Billinghurst was dismissed by consent. The objection thus being finally determined, the Property was automatically confiscated pursuant to s 7(2) CPCA.  The Court must make a declaration to that effect by virtue of s 30(2) CPCA.  By summons in these proceedings dated 1 June 2012 the Director of Public Prosecutions for Western Australia (DPP) seeks such a declaration.

6. The orders and declaration will be that:

   1.On 17 May the property the subject of Freezing Notice WAPFN110105 has been confiscated to the State of Western Australia namely; the Land at Lot 375 on Plan 9960 in Certificate of Title vol 1356 folio 98, commonly known as Kullaroo Court, Hillman.

   2.There be no order as to costs.