Sydney Office

Level 35
201 Elizabeth Street
Sydney NSW 2000

Melbourne Office

Level 13
575 Bourke Street
Melbourne VIC 3000

Brisbane Office

Level 5
231 North Quay
Brisbane QLD 4000

Canberra Office

Level 5
1 Farrell Place
Canberra ACT 2601

Perth Office

Level 10
111 St Georges Terrace
Perth WA 6000

Armstrong Legal Logo

Privacy Policy  |  Terms & Conditions

Copyright © 2019 Armstrong Legal. All rights reserved.

Browsing

Phone 1300 168 676

menu

Toggle Menu Menu

Drug proceeds order

Print

Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

A drug proceeds order is an order compelling an offender to pay money for the money derived from drug trafficking activity.

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

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

Expenses incurred by the defendant in relation to the drug trafficking activity will not be subtracted from the amount assessed to have derived from the drug trafficking activity. So, for example, there is to be no reduction of the amount spent by the defendant acquiring the drugs in the first place.

An application for a drug proceeds order can be made alongside an application for a forfeiture order. If both orders are made, the amount financial penalty is reduced by the value of any forfeiture order made. The amount payable is taken to be a civil debt due by the person to the State and is enforceable by civil proceedings.


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