sec.260Sentencing court not to have regard to property forfeiture or pecuniary penalty

### sec.260 Sentencing court not to have regard to property forfeiture or pecuniary penalty In deciding the sentence to be imposed on a person (the defendant ) for a confiscation offence, the court must not have regard to the question of whether or not— the defendant’s property is, or may become, the subject of a forfeiture order, serious drug offender confiscation order or automatic forfeiture; or the defendant has been or may be ordered to pay an amount under a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order or to forfeit an amount to the State under a special forfeiture order. This section applies for deciding the sentence to be imposed on a person for a qualifying offence because the offence is a confiscation offence. s 260 amd 2013 No. 21 s 56 - (a) the defendant’s property is, or may become, the subject of a forfeiture order, serious drug offender confiscation order or automatic forfeiture; or - (b) the defendant has been or may be ordered to pay an amount under a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order or to forfeit an amount to the State under a special forfeiture order.