Section 46: Value of proceeds of criminal activities.

1 Subject to the provisions of subsection (2), the value of a defendant’s proceeds of criminal activity is the sum of the values of the property, services, advantages, benefits and rewards received, retained or derived by him at any time, whether before or after the commencement of this Act, in connection with the criminal activity carried on by him or any other person connected with the criminal activity.

2 In determining the value of a convicted person’s proceeds of criminal activities, the Court shall—
a leave out of account, any property, where the Court has previously made a forfeiture order, which is proved to the satisfaction of the Court to have been the property, which the convicted person received in connection with the criminal activity carried on by him or any other person connected with the criminal activity;
b where a confiscation order has previously been made against the convicted person, leave out of account those proceeds of criminal activities which are proved to the satisfaction of the Court to have been taken into account in determining the amount to be recovered under that confiscation order; and
c ensure that the following are deducted—
(i) expenses or outgoings that the person incurred in relation to the criminal activity, or
(ii) the value of any benefit that the convicted person derives as agent for, or otherwise on behalf of, another person, whether the other person receives any of the benefits.