229. 'Criminal lifestyle'.

A defendant1 has a criminal lifestyle if, and only if, the offence (or any of the offences) concerned2 satisfies any of the following tests:

  1.  

    (1)     it is a lifestyle offence3;

  2.  

    (2)     it constitutes conduct forming part of a course of criminal activity4;

  3.  

    (3)     it is an offence committed over a period of at least six months and the defendant has benefited from the conduct which constitutes the offence5.

Conduct forms part of a course of criminal activity if the defendant has benefited from the conduct and (a) in the proceedings in which he was convicted he was convicted of three