22Assessment of pecuniary penalties

22 Assessment of pecuniary penalties

(1)  In this section –

[Section 22 Subsection (1) amended by No. 95 of 2001, Sched. 2, Applied:01 Jun 2002] controlled substance means a controlled substance within the meaning of the Misuse of Drugs Act 2001 ;

[Section 22 Subsection (1) amended by No. 95 of 2001, Sched. 2, Applied:01 Jun 2002] offence period, in relation to an application under section 11 (1) (b) made in relation to 2 or more serious offences, means the period commencing when the earliest of those offences was committed and ending when the latest of those offences was committed.

[Section 22 Subsection (1) amended by No. 95 of 2001, Sched. 2, Applied:01 Jun 2002]

(2)  For the purposes of an application for a pecuniary penalty order against a person (in this subsection called "the defendant") the value of the commercial or other benefits derived by the defendant from the commission of a serious offence or serious offences is to be assessed by the court having regard to the evidence before it concerning all or any of the following:

(a) the money, or the value of the property other than money, that came into the possession or under the control of –

(i) the defendant; or

(ii) another person at the request or direction of the defendant –

by reason of the commission of the offence or any of the offences;

(b) the value of any other benefit provided to –

(i) the defendant; or

(ii) another person at the request or direction of the defendant –

by reason of the commission of the offence or any of the offences;

(c) if the offence or any of the offences consisted of the doing of an act or thing in relation to a raw narcotic, narcotic substance, prohibited substance or prohibited plant –