Where a charge of dealing in property is put on the basis of reasonable suspicion that the property is proceeds of crime, the sentencing judge cannot treat the property as actual proceeds of crime. A sentencing judge's repeated misstatement of the factual basis in reasons, combined with indications at the plea hearing of an inclination to sentence on a higher basis, and a significant delay between plea hearing and sentencing, will establish specific sentencing error rather than mere looseness of expression.
The full text is available to signed-in members, including the 1 later case that cites this judgment.