The subsequent automatic forfeiture of an offender's lawfully acquired home under s 35 of the Confiscation Act 1997 (Vic) constitutes fresh evidence capable of re-opening the sentencing discretion on appeal, requiring resentencing that takes into account the quantifiable loss as a mitigatory factor. However, the court expressly stated this sentence should not be regarded as indicative of normal sentences for cultivation of this quantity of cannabis.
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