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Confiscation Orders for Drug Trafficking Offenses

Summary

The following is a summary of key points related to confiscation orders for individuals convicted of drug trafficking offenses.

Definition of Relevant Criminal Conduct

Relevant criminal conduct refers to the offense being considered, as well as any other offenses committed by the defendant in the same or different proceedings (Section 8).

  • This includes any offenses committed prior to, during, or after the main offense.
  • The court must consider all relevant circumstances when determining the extent of the defendant’s criminal conduct.

Benefiting from an Offense

A person benefits from an offense if they obtain property as a result of, or in connection with, its commission (Section 9).

  • This can include any type of property, such as cash, assets, or other valuables.
  • The benefit is considered to be the value of that property.

Quantifiable Advantage

If a person derives a pecuniary or other quantifiable advantage as a result of, or in connection with, the commission of an offense (Section 10), they are treated as if they had obtained a sum of money equal to its value.

  • This includes any benefits that can be measured in terms of money, such as profits from crime.
  • The court must consider all relevant circumstances when determining the extent of the defendant’s quantifiable advantage.

Determining the Amount to be Recovered

The court determines the amount to be recovered by balancing probabilities and considering whether the person has benefited from any offense (Section 11).

  • This includes considering the value of any property obtained as a result of, or in connection with, the commission of an offense.
  • The court must also consider the likelihood of recovering the full amount.

Key Points

  • A confiscation order can be made if a defendant appears before the High Court for sentencing on one or more drug trafficking offenses.
  • The court must determine whether the defendant has benefited from drug trafficking and, if so, make a confiscation order before sentencing or dealing with them in respect of the offense.
  • The amount to be recovered is determined by balancing probabilities and considering the value of any property obtained as a result of, or in connection with, the commission of an offense.