Goods in Custody Offences

Arson is the intentional destruction or damage of property using fire, whilst recklessly setting a fire is a less culpable offence where the damage was reasonably foreseeable.

Yes, you can be charged even if the property is jointly owned or you had no ownership at all.

Depending on the circumstances of your case, if the fire has caused significant damage or danger to life, a sentence of imprisonment is well within the sentencing scope. However, if the objective seriousness is low, alternative penalties are available.

The term “knowingly” means that you either knew or strongly suspected that the property was stolen at the time that you received or was dealing with it.

Yes, you do not need to steal the goods to be found guilty of this offence. Receiving, disposing or attempting to dispose of stolen goods is enough.

If you genuinely did not know that the goods were stolen and there are no reasonable grounds to suspect that you knew, this may be a valid defence to your case.

If you are found guilty or convicted of this offence, you will most likely receive a criminal record. However, it is important to receive legal advice for representation as your lawyer may argue for a non-conviction in order to avoid a criminal record. Contact Brightstone Defence to know your rights and options.

You are not required to explain where the items came from but anything you do or say can be used against you in court. Your best option is to remain silent and to avoid answering questions without legal advice. Contact Brightstone Defence for tailored legal advice for your case.

Yes, the police only need to have a reasonable suspicion that the goods were stolen or unlawfully obtained, not that they actually were.

If you are convicted of this offence, yes. However, your lawyer may argue for a non-conviction outcome such as a section 10 dismissal or a Conditional Release Order (Without Conviction), depending on your circumstances.

“Proceeds of crime” refers to property or benefits derived directly or indirectly from the commission of a criminal offence. This can include but not limited to:

• Money from drug trafficking
• Vehicles or homes purchased using illicit funds
• Cryptocurrency from fraud or scams

The law allows for the seizure, forfeiture, and confiscation of such assets, even without a criminal conviction in some cases.

Under section 193B of the Crimes Act 1900 (NSW), a person commits a money laundering offence if they:

• Knowingly deal with the proceeds of crime, and
• Intend to conceal its origin.

Under s 193A, to "deal with" includes:

• Receiving, possessing, concealing, disposing of, or using the proceeds;
• Engaging in transactions involving tainted property;
• Facilitating transfers through third parties or accounts.

Even passive conduct (e.g. allowing use of a bank account) can fall under the scope of this provision.

• ‍Common property-related offences include:

• AUSTRAC monitors financial transactions and reports suspicious activity.
• NSW Police, AFP, and DPP work together to:
  • Initiate proceeds of crime proceedings,
  • Freeze assets,
  • Coordinate criminal investigations into fraud, drug, and property offences.

‍

Yes. If property is:

• Jointly owned but linked to crime,
• Transferred to third parties (including family) to avoid confiscation, or
• Used to facilitate criminal conduct,

it may be subject to forfeiture orders, unless an innocent interest can be proven under the relevant Act.

• Yes

If your property is restrained or subject to forfeiture under the Criminal Assets Recovery Act 1990 (NSW), our team can contest the orders, argue innocent ownership, and protect your financial interests. We have experience handling restraining orders, forfeiture orders, and unexplained wealth proceedings.

Do not answer questions or provide documents without first speaking to a lawyer. Contact Brightstone Defence immediately so we can step in, protect your rights, and respond on your behalf.

• Yes

Proceeds of crime and money laundering offences are treated very seriously under both NSW and Commonwealth law. Without legal advice, you risk making admissions or mistakes that could damage your case. A specialist criminal defence lawyer can guide you from the first police interview through to court representation.

We examine the evidence in detail, challenge whether the property truly qualifies as “proceeds of crime”, and test the prosecution’s ability to prove knowledge or intent. Our lawyers also negotiate with the prosecution to reduce or withdraw charges where possible.