Where an offender's property is at risk of automatic forfeiture under the Confiscation Act 1997 but an exclusion application is pending, the sentencing court may give minor weight to the risk of forfeiture if there is credible material that the property was lawfully acquired, even though the outcome of the exclusion application is uncertain. An offender's stress and anxiety about the risk of forfeiture is not a mitigating factor. The failure to give a separate consideration direction where the Crown relies on the same evidence for multiple counts but different mental elements are required does not necessarily result in a miscarriage of justice, provided the judge adequately directs on the different elements of each offence.
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