A judge assessing a pecuniary penalty order under the Confiscation Act 1997 is not bound to base the assessment solely on the offender's accounting records (tick sheets) where other evidence, including admissions in a record of interview, uncontested prosecution summaries, and counsel's concessions at plea, supports broader findings. A mathematical error in calculating the number of weeks of offending, where the judge found a non-offending period but failed to deduct it, constitutes a material miscalculation warranting variation of the PPO on appeal.
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