The risk of forfeiture of assets restrained under the Confiscation Act 1997 (Vic) is a relevant factor in sentencing, even where forfeiture has not yet occurred and the assets are merely at risk. In sentencing for trafficking offences under ss 71AA and 71AC of the Drugs, Poisons and Controlled Substances Act 1981 (Vic), the harmfulness of the particular drug of dependence is an irrelevant consideration; it is the act of trafficking for profit and the amount of profit that determines seriousness.
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