In proceeds assessment proceedings under s 78 of the Criminal Proceeds Confiscation Act 2002 (Qld), a court must base its quantification of drug production on evidence of actual likely production rather than adopting an unsupported figure between the theoretical maximum and the expert's estimate of actual production. Where expert evidence provides a range (here, 100 to 310 kilograms) but identifies only one figure as the reasonable estimate of actual production (100 kilograms), the court is not at liberty to adopt a higher figure without supporting evidence or reasoning.
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