Section 5
of Drug Trafficking (Recovery of Proceeds) Act
Section 5
(1)
Subject to section 32, for the purposes of this Act —
(a)
any payment or other reward received by a person at any time (whether before or after the commencement of this Act) in connection with drug trafficking carried on by him or another is his proceeds of drug trafficking; and
(b)
the value of his proceeds of drug trafficking is the aggregate of the values of the payment or other rewards.
(2)
The court may, for the purpose of determining whether the defendant has benefited from trafficking and, if he has, of assessing the value of his proceeds of drug trafficking, make the following assumptions, except to the extent that any of the assumptions are shown to be incorrect in the defendant’s case.
(3)
Those assumptions are that —
(a)
any property appearing to the court —
(i)
to have been held by him at any time since his conviction; or
(ii)
to have been transferred to him at any time since the beginning of the period of 6 years ending when the proceedings were instituted against him, was received by him, at the earliest time at which he appears to the court to have held it, as a payment or reward in connection with drug trafficking carried on by him;
(b)
any expenditure of his since the begining of that period was met out of payments received by him in connection with drug trafficking carried on by him; and
Drug Trafficking
(Recovery of Proceeds)
(c)
for the purpose of valuing any property received or assumed to have been received by him at any time as such a reward, he received the property free of any other interests in it.
(4)
Subsection (2) does not apply if the only drug trafficking offence in respect of which the defendant appears before the court to be sentenced is an offence under sections 20 or 22.
(5)
For the purpose of assessing the value of the defendant’s proceeds of drug trafficking in a case where a confiscation order has previously been made against him, the court shall leave out of account any of this proceeds of drug trafficking that are shown to the court to have been taken into account in determining the amount to be recovered under that order.
Statements relating to drug trafficking.