call-icon (03) 8600 9922

PROCEEDS OF CRIME

Menu

DEALING WITH PROCEEDS OF CRIME

Section 194 of the Crimes Act 1958 carries the offences of Proceeds of Crime that relate to the handling, possession, or dealing with money or property that has been obtained through criminal activity. This can include money laundering, using stolen funds, or assisting in concealing the origins of illegally obtained assets. The law distinguishes between knowing, reckless, or negligent involvement in dealing with the proceeds of crime.

Additionally Section 195 carries the offence of Dealing with Property Suspected to be Proceeds of Crime which only needs police to reasonably suspect that property seized is proceeds of crime but not actually proceeds of crime. This places the onus of proving that the property is not proceeds of crime on the person charged with the offence.

PROOF, PENALTIES & DEFENCES.

Dealing with Property Suspected to be Proceeds of Crime.

The prosecutor must prove that, in the circumstances, the property can be suspected to be proceeds of crime.

Defences:

  • There was no reasonable suspicion that the property was proceeds of crime;
  • You can provide evidence of where the property lawfully came from.

Penalties: Maximum 2 years jail.

Dealing with Property Knowing it is the Proceeds of Crime.

The prosecutor has to prove that you:

  • Dealt with the property (by receiving, possessing, concealing, or disposing of it).
  • Knew that the property was proceeds of crime (i.e., obtained from a criminal offence)

Defences:

  • The property was not proceeds of crime.
  • You did not deal with the property.
  • Lack of intent or knowledge;
  • Duress (you were forced to act).

Penalties: Maximum 15 years jail.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

need advice?

If you’ve been charged with criminal offences, get some trusted advice from the most approachable lawyers you’ll ever meet.
Contact Us
Instagram Facebook-f X Linkedin