Bowers and Anor v. Director of Public Prosecutions for the State of Western Australia

Lower Court Judgment

12/03/2010 Supreme Court of Western Australia (Court of Appeal)(McClure J, Owen, J Buss J)

[2010] WASCA 46

Catchwords

Criminal law — Procedure — Confiscation of proceeds of crime and related matters — Restraining or freezing order — Where applicants did not own and have effective control of property where offences committed — Where freezing orders made over applicants’ property in place of property where offences took place: Criminal Property Confiscation Act 2000 (WA) (“the Act”) s 22 — Whether property where offences took place was “crime-used” property as defined by s 146 of the Act — Scope of court’s power to set aside a freezing order under s 82 of the Act — Criminal Property Confiscation Act 2000 (WA) s 22.
Words and phrases — “crime-used”, “criminal use”.