The confiscation of lawfully acquired property (including inherited property) under a drug trafficker declaration is a significant mitigating factor in sentencing, regardless of whether the property was acquired through personal labour or inheritance. The loss of such property valued at over $1 million, leaving the offender with no assets upon release, should be given significant weight in mitigation. However, the speculative possibility that discretionary prison privileges (minimum security rating, re-entry release) may be denied due to the prospect of deportation is an insufficient basis for interfering with an otherwise appropriate sentence.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
3 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.