Forfeiture of lawfully acquired property under the Confiscation Act 1997 (Vic), determined after sentence, constitutes fresh evidence reopening the sentencing discretion on appeal. Where such forfeiture has a punitive element, it is proper to take it into account in mitigation under s 5(2A) of the Sentencing Act 1991 (Vic). However, an offender's pragmatic decision to withdraw an exclusion application will not be treated as an additional indication of remorse under s 5(2B). Evidence of more onerous conditions of imprisonment than anticipated at the time of sentence may also be received to inform the re-exercise of the sentencing discretion.
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