A sentencing judge is not obliged to place a s 193B(2) proceeds of crime offence on a scale of seriousness, and where little is known about the offending beyond possession of illicit funds and their derivation from illegal activity, it may not be possible to do so. A finding that such an offence is 'above the middle' of a scale requires evidentiary support beyond the bare facts of possession and partial admission as to source. The Crown cannot advance new factual inferences on appeal that were not put to the offender at sentence.
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