Property and Proceeds of Crime
Detailed Description
Possession of proceeds of crime can take various forms, including:
- Holding or storing money or assets obtained through criminal activity
- Transferring or disposing of illicit funds
- Using proceeds of crime to purchase goods, services, or property
- Assisting another person in concealing or handling unlawful proceeds
Law enforcement agencies use financial tracking and forensic accounting to identify suspicious transactions and prosecute offenders.
Possession of proceeds of crime is an offence under Section 193B of the Crimes Act 1900 (NSW) and Section 400 of the Criminal Code Act 1995 (Cth). This law criminalises knowingly dealing with or possessing money or property derived from illegal activities. The severity of penalties depends on the value of the proceeds and the level of intent.
Elements the Prosecution Must Prove
For a conviction, the prosecution must establish beyond a reasonable doubt that:
- The accused was in possession of money or property – The funds or assets must be in their custody or control.
- The proceeds were derived from criminal activity – The assets must be linked to unlawful conduct.
- The accused knew, or was reckless as to, the criminal origin of the funds – Intent or knowledge of illegality is a key element.
Possible Defences
Possible legal defences include:
- Lack of Knowledge – The accused was unaware the funds were derived from crime.
- No Criminal Intent – The possession was incidental, with no intent to facilitate a crime.
- Duress – The accused was coerced into handling the funds.
- Mistaken Identity – The accused was wrongly implicated in the case.
A skilled defence lawyer can challenge the prosecution’s case and provide legal strategies to protect your rights.
Potential Penalties
Penalties for possession of proceeds of crime depend on the severity of the offence. Possible penalties include:
- Section 10 Dismissal – No conviction recorded
- Fine – A monetary penalty imposed by the court
- Community Correction Order (CCO) – A supervised order with conditions
- Intensive Correction Order (ICO) – A strict alternative to imprisonment
- Imprisonment – Sentences can reach up to 20 years for serious cases
The final penalty depends on the case’s specific circumstances and the accused’s prior record.
Legal Process
& Options
The legal process for possession of proceeds of crime involves an investigation and charge by authorities, an initial court appearance where the accused enters a plea, a trial if pleading not guilty, and sentencing if found guilty, with legal representation being crucial at each stage.
Pleading
Not Guilty
If you deny the allegations, you may plead not guilty. Your lawyer can contest the prosecution’s evidence by:
- Demonstrating a lack of knowledge or intent
- Proving the funds were legally acquired
- Identifying procedural errors or unlawful evidence collection
If the prosecution fails to prove its case beyond a reasonable doubt, you will be acquitted.
Pleading
Guilty
Pleading guilty can sometimes result in a reduced sentence, as it demonstrates remorse and cooperation. Factors the court may consider include:
- The value and severity of the offence
- The accused’s criminal history and character references
- Any mitigating circumstances, such as acting under duress
Depending on the case, the court may impose a lesser penalty in exchange for an early guilty plea.
SUCCESS CASES
Brightstone Defence provides precise criminal defence services all year round and has accumulated a large number of successful cases.
WORLD CLASS
REPRESENTATION
100+ 5 Star Reviews
Personalized legal strategies tailored to each case
Recognized leaders in criminal defence law
Free initial consultation and case evaluation
Proven success in high-stakes and complex cases
Get instant estimated Quotes
and a free consultation session
Facing criminal charges? Our experienced defence lawyers are here to help. Book your free consultation now to discuss your case and understand your options.
