Under the Confiscation of Proceeds of Crime Act 1989 (NSW), 'benefit' derived by an offender from drug trafficking for the purposes of s 29(1) means the net profit actually derived by the particular offender, not the gross sale price of the drugs. The Director cannot claim the full sale price from each co-offender in a supply chain. Section 30(6) prevents deduction of expenses or outgoings such as delivery costs, but does not convert the gross sale price into the 'benefit'. A Director's appeal under s 92(4) against a 'refusal' to make a drug proceeds order extends to an appeal against the quantum of an order made in a lesser amount than sought.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.