Before loss of lawfully acquired property resulting from a s 32A drug trafficker declaration can be taken into account in mitigation, there must be material which leads the sentencing judge positively to conclude that all or a very substantial portion of the property was lawfully acquired. The onus is on the offender to adduce this evidence at sentencing; failure to do so cannot be remedied by new evidence on appeal absent explanation for the failure. Sentencing courts should not adjourn sentencing pending resolution of confiscation proceedings.
The full text is available to signed-in members, including the 34 later cases that cite this judgment.
3 of the 34 citing cases carry a classified treatment. How each court treated it is available to signed-in members.