NSWIn ForceAct
Confiscation of Proceeds of Crime Act 1989
16Making of confiscation orders if person has absconded
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#### 16 Making of confiscation orders if person has absconded
16 Making of confiscation orders if person has absconded
> If a person is, because of section 5 (1) (d), to be taken to have been convicted of a serious offence, a court shall not make a confiscation order in reliance on the person’s conviction of the offence unless the court is satisfied, on the balance of probabilities, that the person has absconded and—
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> > (a) the person has been committed for trial for the offence, or
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> > (b) the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, could lawfully find the person guilty of the offence.