BACKGROUND
Last Sunday, a corrections officer has been charged with attempting to smuggle contraband items into a prison. The items were a mixture of Methylamphetamine (ICE), Heroin, Tobacco, Prescription medication and bullets into the correctional centre. The accused shortly after was arrested at the correctional centre and taken to Riverstone Police Station where he was granted conditional bail. He is due to appear at Blacktown Local Court on July 6, 2020.
The allegation by the Police was that the 26-year-old had attempted to smuggle in the contrabands in his underwear. Recently, another correctional officer was arrested and charged just last month for attempting to smuggle in mobile phones and a mixture of drugs. Police had also claimed that he had received up to $6,400 from the inmates’ family for his actions.
Surveillance on correctional officer and their conduct in New South Wales has increased due the recent banding of family and friends for visits to help stop the spread of the COVID-19 outbreak. Detectives from the Corrective Services Investigation Unit had recently established ‘Strike Force Bundawarrah’ to conduct investigations into corrupt activity by correctional officers.
THE LAW
There are six charges in total against the accused. We will outline the elements of all charges and consider them in respect of the alleged offence.
CHARGE 1:
Two counts of ‘Corrupt Commissions or Rewards’ pursuant to Section 249B of the Crimes Act 1900 (NSW) states:
(1) If any agent corruptly receives or solicits (or corruptly agrees to receive or solicit) from another person for the agent or for anyone else any benefit
(a) As an inducement or reward for or otherwise on account of
(i) doing or not doing something, or having done or not having done something, or
(ii) showing or not showing, or having shown or not having shown, favour or disfavour to any person, in relation to the affairs or business of the agent’s principal or
(b) the receipt or any expectation of which would in anyway tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal
the agent is liable to imprisonment for 7 years
WHAT MUST THE PROSECTUION PROVE
In these circumstances, the onus is on the prosecution to prove beyond reasonable doubt on each element that the accused was:
(a) The accused was an agent of a principal;
(b) The accused had corruptly received or solicited (or corruptly agreed to receive or solicit) from another person for the agent or for anyone else;
(c) A form of benefit;
(d) That the benefit was an inducement or reward for or otherwise an account of:
(i) Doing or not doing something, or having done or not having done something; or
(ii) Showing or not showing or having shown or not having shown, favour or disfavour to any person; and
(e) In relation to the affairs or business of the agents principal
CHARGE 2:
One count of ‘Misconduct in Public Office’ under our common law. The offence must be proved with the following elements beyond reasonable doubt:
(a) The accused is a public official;
(b) In the course or connected of or connected to his or her public offence;
(c) To willfully misconduct himself or herself by act or mission without reasonable excuse or justification; and
(d) Where such misconduct is serious and meriting criminal punishment having regard to the responsibilities of the office
This was outlined in the case of R v Quach (2010) 27 VR 310 at [46]. In a similar case, the offender had caused misconduct by way of receiving payments whilst acting as the manager of a registry of the RTA; Jataurawong v R NSWCCA 449 at [47].
CHARGE 3:
One count of ‘Dealing with Property Suspected of being Proceeds of Crime’ pursuant to Section 193B(2) of the Crimes Act 1900 (NSW) states:
(1) A person who deals with proceeds of crime –
(a) Knowing that it is proceeds of crime; and
(b) Intending to conceal that it is proceeds of crime
Is guilty of an offence
Maximum penalty is imprisonment for 20 years
(2) A person who deals with proceeds of crime knowing that it is proceeds of crime is guilty of an offence
The definition of ‘proceeds of crime’ is outlined under Section 193A:
“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”
WHAT MUST THE PROSECTUION PROVE
Since dealing with the proceeds of crime is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove the Accused’s guilt beyond reasonable doubt.
That is a high standard of proof that the prosecution must achieve before someone can be convicted of dealing with the proceeds of crime.
To establish dealing with the proceeds of crime, the prosecution must prove each of the following matters beyond reasonable doubt:
-
- You deal/dealt with property; and
- There are reasonable grounds to suspect the property is proceeds of crime.
Or
-
- You deal with proceeds of crime;
- Being reckless as to whether it is proceeds of crime.
Or
-
- You deal with proceeds of crime;
- Knowing that it is proceeds of crime
Or
-
- You deal with proceeds of crime;
- Knowing that it is proceeds of crime; and
- 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.
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(NSW) 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.
CHARGE 4:
One count of ‘Unlawfully Bring Anything into Place of Detention’ pursuant to Section 27E(2)(b) of the Summary Offences Act 1988 (NSW) states:
(2) Any person who without lawful authority
(b) brings or attempts to bring anything into a place of detention
Is guilty of an offence
Maximum Penalty is imprisonment for 2 years and/or 20 penalty units
CHARGE 5:
One count of ‘Supply, Acquisition and Possession of Ammunition’ pursuant to Section 65(1) of the Firearms Act 1996 (NSW) states:
(1) A person must not supply or give possession of ammunition for any firearm or another person unless
(a) The other person is the holder of a licence or permit for a firearm which takes that ammunition; or
(b) The other person is authorised to acquire it by a permit
The Maximum penalty is 50 penalty units
WHAT CAN YOU DO IF YOU HAVE BEEN CHARGED WITH ANY OFFENCES?
Contact our office immediately! We are specialists who prepare your case thoroughly, negotiate with the police to have the charge dropped and proceed to a defendant hearing to ensure justice is done. National Criminal Lawyers® make submission to persuade the Court on the given day why your charge should be dismissed.
National Criminal Lawyers will guide you from start to finish in your criminal matter.
Our Sydney Criminal Lawyers offer nothing short of excellent results in relation to these matters. With over 80% of defended hearings won and 94% no conviction record, our services are second to none. If you or someone you know has been charged with a criminal offence, pick up the phone and contact our office now.