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CDPP - pecuniary penalty order


Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

A pecuniary penalty order is an order compelling an offender to pay money for the benefits derived from criminal activity.

An application for a pecuniary penalty order can be made alongside an application for a forfeiture order. If both orders are made, the amount of the financial penalty is reduced by the value of any forfeiture order made.

Pecuniary Penalty Order: What Does The Crown Have To Prove?

The court must make a pecuniary penalty order it is satisfied or either or both of the following:

  • The person has been convicted of an indictable offence, and has derived benefits from the commission of the offence;
  • The person has committed a serious offence.

How Does The Court Assess The Amount Of Money Derived From Criminal Activity?

When assessing the amount of money derived from criminal activity, the court will take into account a number of factors including the money acquired by the defendant because of the criminal activity, the market value of the drugs at the time of the illegal activity (if relevant) and the defendant’s income and expenditure before and after the illegal activity.

Expenses incurred by the defendant in relation to the commission of the offence will not be subtracted from the amount assessed to have derived from the criminal activity.

Seek Legal Advice

If you have been given written notice of a pecuniary penalty order application, it is essential that you seek legal advice immediately, attend the hearing and give evidence. If you are able to prove the source of funds used to acquire the interest(s) named in the application, the court has the discretion not to grant the pecuniary penalty order.

where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

Leading Criminal Law NSW 2017 ISO 9001 Legal Best Practice Accredited Specialists Criminal Law Sydney Business Awards Winner 2011