Court of Appeal Wellington
23 November; 21 December 1994
Cooke P, Casey and Tompkins JJ
23 November; 21 December 1994
Cooke P, Casey and Tompkins JJ
Criminal law — Sentence — Drug offences — Forfeiture — Accused cultivating cannabis on farm — Convicted of drugs and arms offences — Sentenced to seven years' imprisonment and $5000 fine — Forfeiture of $17,000 found by police in search of farm — Pecuniary penalty of $85,000 being value of property in accused's possession from offences — Accused selling farm before trial — Wife having interest in farm under Matrimonial Property Act 1976 — Accused having substantial tax arrears — Whether accused's assets and liabilities relevant to amount of penalty orders — Proceeds of Crime Act 1991, ss 25 and 27.
Criminal law — Sentence — Drug offences — Forfeiture — Accused cultivating cannabis on farm — Convicted of drugs and arms offences — Sentenced to seven years' imprisonment and $5000 fine — Forfeiture of $17,000 found by police in search of farm — Pecuniary penalty of $85,000 being value of property in accused's possession from offences — Whether forfeiture and penalty orders relevant to sentence — Proceeds of Crime Act 1991, s 15(2).
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