If an offender wishes to have account taken of cooperation in civil forfeiture proceedings as evidence of remorse on sentencing, evidence establishing what is relied on must be led; bare submissions from the bar table are insufficient. Whether such cooperation evidences remorse depends on the circumstances — in some cases it will merely reflect acceptance of the inevitable. The position in NSW at common law permitted account to be taken of forfeiture proceedings, but this would change with the enactment of s 24B of the Crimes (Sentencing Procedure) Amendment Act 2010.
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