Dealing with Proceeds of Crime / Withdrawn

Case: Proceeds of Crime Charges Withdrawn Against Partner of Suspect.

Our client is married to a person charged with drug trafficking and proceeds of crime charges. Police charged our client on the basis of money and property she had that they alleged were proceeds of crime.

Charges/ Ch1, 2, 3 (Knowingly Dealing with Proceeds of Crime); Ch4, 5, 6 (Recklessly Dealing with Proceeds of Crime); Ch7, 8, 9 (Dealing with Property Suspected to be Proceeds of Crime)

Result/ All Charges Withdrawn

Our view was that our client was charged to apply pressure on our client’s partner to plead guilty. We drafted an application for discontinuance on all charges on the basis that police could not prove that a) the goods and money were proceeds of crime and b) that our client either knew or was reckless to the fact that the property was proceeds of crime. A solicitor also attended our client’s police interview where they told her she was an “import” and had no clue what her husband was up to. This statement assisted our client’s case in establishing that she had no knowledge. We provided substantial material showing the provenance of the money in our client’s bank account and what she knew of her husband’s business and income earning activities at the time she moved in with him after they were married. Prosecution advised their intention to withdraw all charges.

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