Pecuniary penalty orders relating to 'benefits' rather than 'profits' under s 5(2A)(c) of the Sentencing Act 1991 are effectively part of the punishment and should be taken into account in mitigation. A sentencing judge may not decline to exercise the s 5(2A)(c) discretion on the basis that doing so would create inequity with a co-offender who made full admissions. Co-offender admissions that are inadmissible against an accused cannot be used to expand the factual basis on which that accused is sentenced. Fresh evidence of rehabilitation on appeal may warrant a reduction in non-parole period even where head sentences are appropriate.
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