A pecuniary penalty order under the Confiscation Act 1997 (Vic) is not ordinarily a 'sentence' but is deemed to be one for appeal purposes by s 142(3). Error in making a PPO does not automatically reopen the sentencing discretion generally; where the PPO did not influence the total effective sentence, the Court of Appeal may refuse leave to appeal under s 280(1)(b) of the CPA while amending the sentence under s 280(3)(a) to discharge the erroneous PPO. When exercising the discretion under s 59(1) of the Confiscation Act to make a PPO, the court must consider whether it is desirable to deduct amounts payable under compensation orders from the assessed benefits.
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