Charging an offender with both a sale offence and a proceeds of crime offence based on the receipt of payment from that same sale is oppressive and constitutes an abuse of process, because the concept of 'sale' necessarily encompasses the receipt of financial gain. Proceeds of crime charges may be justified where the source of funds is unknown, the proceeds derive from another person's criminal act, or the person is dealing with proceeds to hide their source, but not where the proceeds are simply the direct payment received in the substantive offence.
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