Forfeiture as a punitive deprivation of property: statutory imposition construed as a penalty rather than mere transfer. Forfeiture is characterised as a punitive deprivation of rights, privileges, or property consequent to a crime, offence, or breach of engagement; ... Summary
Forfeiture as a punitive deprivation of property: statutory imposition construed as a penalty rather than mere transfer.
Forfeiture is characterised as a punitive deprivation of rights, privileges, or property consequent to a crime, offence, or breach of engagement; dictionary authorities and judicial pronouncements support treating forfeiture as a form of penalty distinct from a fine, with the precise penal or non penal nature to be determined in the specific statutory context, and legislative imposition of forfeiture viewed as punishment rather than mere transference of funds.
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