Section 5(2A)(ab) of the Sentencing Act 1991 (Vic) permits a sentencing court to have regard to automatic forfeiture under the Confiscation Act 1997 (Vic) if satisfied the property was lawfully acquired and falls within the specified categories; evidence of these matters should be placed before the sentencing court at the plea hearing rather than raised on appeal as fresh evidence. The burden on an applicant seeking to change a plea of guilty on the ground of duress by counsel is particularly heavy.
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