Where property is forfeited after sentence under the Confiscation Act 1997, the forfeiture may be relied upon on sentence appeal as fresh evidence showing the true significance of facts existing at the time of sentence, reopening the sentencing discretion. The onus is on the offender to establish that forfeiture should be regarded as a mitigating factor by producing credible material identifying the lawful acquisition of the property and the punitive element of the forfeiture. A sentencing judge does not err in declining to take forfeiture into account where there is insufficient evidence to assess its likelihood or punitive effect.
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