What is Proceeds of Crime ?

Dealing with property suspected of being proceeds of crime can be found under Section 193(C) Crimes Act 1900 (NSW). Given the serious and complex nature of this offence and the fact with a charge of this offence oftentimes the authorities will utilise the Confiscation of Proceeds of Crime Act 1989 (NSW) to confiscate the property that is being dealt with we highly recommend you seek a robust senior solicitor to represent you.

One example of dealing with the proceeds of crime is transferring money that had been obtained fraudulently from a bank account.

caselaw/Jurisdiction
An offence of dealing with the proceeds of crime is what is known as a “Table 1” offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is to be made for it to be dealt with on indictment by the Department of Public Prosecutions (DPP).

The nature and elements of the offence of Dealing with the proceeds of Crime were considered in the NSW Court of Criminal Appeal case of Zahrooni v R [2010] NSWCCA 252 at [60]: Here it was said that the “primary purpose of the Act is to make crime unrewarding and unproductive”.

What must the prosecution 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.

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(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.

The Law

154F of the Crimes Act 1900 (NSW) states:

This offence of Dealing with property suspected of being proceeds of crime is set out in sections 193B and 193C of the Crimes Act 1900 (NSW).

Under section 193B, a person who knowingly deals with the proceeds of crime is guilty of a criminal offence. Furthermore, a person who knowingly deals with the proceeds of crime and intends to conceal the fact that it is proceeds of crime is guilty of a more serious criminal offence. You are also guilty of a criminal offence if you are reckless in dealing with the proceeds of crime.

Under section 193C, a person is guilty of this offence if the person deals with property and there are reasonable grounds to suspect that the property being dealt with is proceeds of crime. At the time of dealing with such property, it must be worth at least $100,000.

This section also outlines a lesser offence, which involves a person dealing with property, where there are reasonable grounds that the property in question is proceeds of crime and is worth less than $100,000 at the time that the property is dealt with.

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If you are charged with the offence of dealing with the proceeds of crime what are your options?

National Criminal Lawyers have been successful in defending a large number of stealing a Motor Vehicle or Vessel charges where the prosecution could not establish each of the elements of Stealing a Motor Vehicle or Vessel. We have also achieved a number of non-convictions for stealing a Motor Vehicle or Vessel charges.

NCL offer the following options for those who have been charged with Stealing a Motor Vehicle or Vessel;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. We get the results

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. We give a Senior Defence Lawyer guarantee

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Stealing a Motor Vehicle or Vessel offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

For one of Australia’s Best Criminal Lawyers, please contact us now for a first FREE consultation. on 02 9893 1889.

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