High Court of Australia

White v Director of Public Prosecutions (WA) [2011] HCA 20

243 CLR 478; 85 ALJR 685; 277 ALR 405

8 Jun 2011

Case Number: P44/2010

Before

French CJ, Gummow, Heydon, Crennan, Bell JJ

Catchwords

Criminal law – Procedure - Confiscation of proceeds of crime and related matters - Forfeiture and confiscation of property - Section 22 of Criminal Property Confiscation Act 2000 (WA) ("Act") relevantly required court to make crime-used property substitution declaration where crime-used property not available for confiscation because offender did not own, and did not have effective control of, property and more likely than not that offender made criminal use of crime-used property - Section 147 of Act provided offender makes criminal use of property if, alone or with anyone else, offender used or intended to use property in way that brings property within definition of crime-used property - Section 146(1)(c) provided property "crime-used" if any act or omission done, omitted to be done or facilitated in or on property in connection with commission of confiscation offence - Where DPP applied for crime-used property substitution declaration against appellant - Where not disputed that premises leased by appellant "crime-used" within s 146(1)(c) of Act - Whether definition of "criminal use" in s 147 of Act encompassed conduct within definition of "crime-used" in s 146(1)(c) of Act.

Words and phrases – "crime-used property", "criminal use", "property".

Criminal Property Confiscation Act 2000 (WA) – ss 21, 22, 146, 147.

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