Published 11 March 2022
Instrument forfeiture order — notice on property register — cultivating cannabis — possession for supply — delays to hearing — Sentencing Act 2002, ss 142A - 142Q. The defendant had pleaded guilty to charges of cultivating cannabis on his property and possession for supply. The Court had previously made a decision that it would consider making an instrument forfeiture order against his property, pursuant to s 142C of the Sentencing Act. In the current matter the Court had to consider whether to exercise its discretion to order that a notice be recorded on the property register, warning of the potential instrument forfeiture order. The Crown argued in favour of the order, submitting that because of delays to the substantive hearing there was a risk that the defendant would try to sell or refinance the property. The defendant opposed the order, saying that he was not going to sell the property, that a forfeiture order was disproportionate to the one-off offending, and that a notice on the register could cause him problems if he needed to refinance his property if the Court was to order a sum to be paid. The Court rejected the submission that an order was unnecessary; the prosecution case had been strong enough for the Court to consider making an instrument forfeiture order. It was appropriate to inform any potential buyer or lender of the potential for the property to be forfeited. Any notice on the title could later be cancelled by the Court if need be. The Court made an order that notice of potential forfeiture be added to be property's title. Judgment Date: 8 June 2021. * * * Note: names have been changed to comply with legal requirements. * * *
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