Under the Criminal Assets Confiscation Act 2005 (SA), pecuniary penalty orders operate at an individual level: the amount of the penalty is measured by reference to the personal benefit received by the specified person, not the collective benefits derived by all co-offenders acting in concert. The Act does not impose joint or joint and several liability. Confiscation proceedings must be conducted as independent civil proceedings with formal evidence; sentencing remarks do not give rise to issue estoppel and are inadmissible hearsay in confiscation proceedings absent agreement. For the purposes of s 5(1)(a), a person committed for sentence from the Magistrates Court is convicted in the District Court when that Court unequivocally commences the sentencing process, such as by revoking bail and remanding for sentencing submissions.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.