South Australian Current Acts

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CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 100

100—Evidence the court is to consider in assessing the value of benefits

In assessing the value of benefits that a person has derived from the commission of a serious offence or serious offences, the court must have regard to the evidence before it concerning—

            (a)         the money, or the value of property other than money, that, in connection with the commission of the offence or offences, came into the possession or under the control of—

                  (i)         the person; or

                  (ii)         another person at the person's request or direction; and

            (b)         the value of any other benefit that, in connection with the commission of the offence or offences, was provided to—

                  (i)         the person; or

                  (ii)         another person at the person's request or direction or in accordance with an arrangement entered into by the person; and

            (c)         if any of the illegal activity consisted of doing an act or thing in relation to a drug

                  (i)         the market value, at the time of the offence, of similar or substantially similar drugs; and

                  (ii)         the amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar or substantially similar act or thing; and

            (d)         the value of the person's property before, during and after the commission of the offence or offences; and

            (e)         the person's income and expenditure before, during and after the commission of the offence or offences; and

            (f)         any other matter the court considers relevant.



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