sch.1-sec.12Example 3

### sch.1-sec.12 Example 3 A is convicted of the confiscation offence of carrying on unlawful bookmaking over 5 years. Money from the business of unlawful bookmaking was used by A— to lead a flamboyant lifestyle costing, on average, $60,000 for each year; and to pay off a mortgage on the mansion A lives in and a block of income producing home units. The mansion and home units were bought in the 5 years. A— had no assets at the start of the 5 years; and can not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000. The mansion and units are worth $1m. Under sections 187 (1) , 188 , 189 and 190 — the $1m current value of the mansion and units is a derived benefit; and the amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds. sch 1 s 12 amd 2009 No. 2 s 65 ; 2010 No. 42 s 214 sch (sch.1-sec.12-ssec.1) A is convicted of the confiscation offence of carrying on unlawful bookmaking over 5 years. (sch.1-sec.12-ssec.2) Money from the business of unlawful bookmaking was used by A— to lead a flamboyant lifestyle costing, on average, $60,000 for each year; and to pay off a mortgage on the mansion A lives in and a block of income producing home units. (sch.1-sec.12-ssec.3) The mansion and home units were bought in the 5 years. (sch.1-sec.12-ssec.4) A— had no assets at the start of the 5 years; and can not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000. (sch.1-sec.12-ssec.5) The mansion and units are worth $1m. (sch.1-sec.12-ssec.6) Under sections 187 (1) , 188 , 189 and 190 — the $1m current value of the mansion and units is a derived benefit; and the amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds. - (a) to lead a flamboyant lifestyle costing, on average, $60,000 for each year; and - (b) to pay off a mortgage on the mansion A lives in and a block of income producing home units. - (a) had no assets at the start of the 5 years; and - (b) can not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000. - (a) the $1m current value of the mansion and units is a derived benefit; and - (b) the amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds.