The Court of Appeal held that a forfeiture order made under the Criminal Proceeds Confiscation Act 2002 (Qld) is expressly excluded from being a 'sentence' by s 9 of that Act, and therefore cannot be appealed under s 668D of the Criminal Code as an appeal against sentence. The Court noted that the correct avenue to challenge such an order may be s 118 of the District Court of Queensland Act 1967 (Qld), but where the forfeiture order was made by consent, leave must first be obtained from the relevant District Court judge under s 118A before any such appeal can be brought.
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