Impact of Criminal Lifestyle
These are severe, as the court has to make certain assumptions unless there is a serious risk of injustice. Not just “any” risk would do.
The assumptions are:
- Any property transferred to the defendant at any time after the relevant day was obtained by him as a result of his general criminal conduct;
- Any property held by the defendant at any time after the date of conviction was obtained by him as a result of his general criminal conduct;
- Any expenditure incurred by the defendant at any time after the relevant day was met from property obtained as a result of general criminal conduct;
- For the purpose of valuing any property obtained, or assumed to have been obtained by the defendant, he or she obtained it free of any interests in it.
For the above purposes the “relevant day” is the first day of the period of 6 years before proceedings were started.
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