Silbert v Director of Public Prosecutions for Western Australia

Constitutional law – Judicial power of the Commonwealth - Vesting in State courts - Power of State Parliament to confer functions incompatible with exercise by State court of judicial power of the Commonwealth - State Act deems person who dies before a charge is finally determined to be taken to have been convicted of a "serious offence" - Whether provision of State Act amounts to parliamentary determination of guilt and imposition of conviction - Whether provision of State Act precludes a court from making any or any sufficient inquiry into whether the deceased committed the offence - Whether State law invokes the principles in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51.

Criminal law – Confiscation of profits - Person charged with "serious offence" dies before charge finally determined - Crimes (Confiscation of Profits) Act 1988 (WA) deems deceased to be taken to have been convicted of the "serious offence" - Application for pecuniary penalty order and forfeiture order - Whether court precluded from making any or sufficient inquiry into whether the deceased committed the offence - Relevance of principles identified in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 - Whether legislative determination of guilt of the offence and imposition of conviction.

Words and phrases – "abscond", "serious offence".

Crimes (Confiscation of Profits) Act 1988 (WA) – ss 3, 6, 15, 53.

Criminal Property Confiscation Act 2000 (WA) – ss 6, 157, 160.