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CDPP - pecuniary penalty order

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 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 factors including 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.

For advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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