Dealing with proceeds of crime

Overview

The offence of Dealing with proceeds of crimes is found at sections 193B and 193C of the Crimes Act 1900.

There are multiple offences that concern Dealing with proceeds of crimes ranging from offences that are to be dealt with in the Local Court only to offences that can only be dealt with in the District Court because of their seriousness. The seriousness of the offences increases where the police can prove that the property was proceeds of crime (as opposed to being suspected of being proceeds of crime) and where the police can prove you knew the property was proceeds of crime (as opposed to being reckless to that fact). Due to the number of offences, it is not unusual for police to accept a plea of guilty to a lesser offence.

If you are charged with the offence of Dealing with proceeds of crimes, your options will normally be to plead guilty or not guilty.

Pleading not guilty

You will be found not guilty of the offence of Dealing with proceeds of crimes if the police cannot prove beyond reasonable doubt:

  1. You deals with property; and
  2. There are reasonable grounds to suspect the property is proceeds of crime.

Or

  1. You deal with proceeds of crime;
  2. Being reckless as to whether it is proceeds of crime.

Or

  1. You deal with proceeds of crime;
  2. Knowing that it is proceeds of crime

Or

  1. You deal with proceeds of crime;
  2. Knowing that it is proceeds of crime; and
  3. Intending to conceal that it is proceeds of crime.

Deal with includes receive, possess, conceal or dispose of; or bring or cause to be brought into NSW, including transfer or cause to be transferred by electronic communication, or engage directly or indirectly in a transaction, including receiving or making a gift.
Proceeds of crime means any property that is substantially derived or realised, directly or indirectly, by any person from the commission of a serious offence.

Serious offence means any offence against the laws of New South Wales, being an offence that may be prosecuted on indictment; or the offence of supplying any restricted substance prescribed for the purposes of section 16 of the Poisons and Therapeutic Goods Act 1966 that arises under section 18A of that Act; or an offence committed outside New South Wales (including outside Australia) that would be an offence referred to in paragraph (a) or (b) if it had been committed in New South Wales.

If the police are able to prove the above elements beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:

Contact our offices in Sydney or Blacktown to organise a time for one of our criminal lawyers to advise you of your prospects of successfully defending the charge of Dealing with proceeds of crimes.

Pleading guilty

If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.

Where there are reasonable grounds to suspect the property is proceeds of crime the maximum penalty is 2 years imprisonment and/or a fine of $5,500.00 in the Local Court. Where you are reckless to the property being proceeds of crime the maximum penalty in the District Court is 10 years imprisonment. Where you know the property is proceeds of crimes the maximum penalty is 15 years imprisonment and when you know intending to conceal that fact, the maximum penalty is 20 years imprisonment. However, these penalties are typically reserved for the worst offenders. If you are charged with Dealing with proceeds of crimes you should contact our office immediately.

Penalties that a court can impose in NSW are:

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