R v. Cox

In Fish Cases, Forfeiture, Offences on (Updated )

Upon making an order for the forfeiture of a boat and outboard motor, the court said that:

In determining the nature of any fine which is appropriate must consider any forfeiture order in applying the totality principle of sentencing (see R. v. Spellacy (1995), 131 Nfld. & P.E.I.R. 127 (N.L.C.A.)) . . . If counsel seek to persuade a Court that a seized item is of such a large monetary value that its forfeiture would offend the principles of sentencing or that its forfeiture should result in a reduced fine, then counsel must establish the value of the item for which forfeiture is sought.