Dealing with proceeds of crime
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The offence of dealing with proceeds of crime is governed by section 194 of the Crimes Act 1958 (Vic). This offence involves handling, receiving, concealing, or disposing of property that has been derived from criminal activity, either knowingly or with varying degrees of awareness. The severity of the offence and the penalties imposed depend on the offender’s mental state, i.e., whether they knew, were reckless, or negligent about whether the property in question was the proceeds of crime.
It is a serious indictable offence that seeks to punish individuals who try to profit from or conceal the proceeds of illegal activities, even if they were not directly involved in committing the underlying crime.
What the Prosecution Must Prove:
To secure a conviction for dealing with proceeds of crime, the prosecution must prove the following elements beyond a reasonable doubt:
1.The accused dealt with property
This can involve receiving, possessing, concealing, or disposing of the property.
2.The property was derived from a crime
The property in question must have come, directly or indirectly, from the commission of a criminal offence, whether it is a State or Federal offence.
3.Knowledge, recklessness, or negligence:
- The accused knew that the property was the proceeds of crime; or
- The accused was reckless as to whether the property was the proceeds of crime; or
- The accused was negligent in failing to consider whether the property was the proceeds of crime.
The prosecution must prove that the property is indeed connected to criminal activity, and that the accused had the required level of awareness or intent regarding the illicit nature of the property.
Where the Case is Heard:
The seriousness of the charge determines where the case will be heard:
- Charges involving knowing or intending to conceal proceeds of crime are indictable offences and must be heard in the County Court of Victoria.
- Charges involving recklessness or negligence in dealing with proceeds of crime can be heard in either the Magistrates’ Court or the County Court of Victoria, depending on the complexity of the case. If heard in the Magistrates’ Court, the maximum penalty is lower.
Penalties for dealing with proceeds of crime:
The penalties for dealing with proceeds of crime under section 194 of the Crimes Act 1958 (Vic) vary based on the mental state of the accused:
- Knowing and intending to conceal: Up to 20 years imprisonment.
- Knowing it is proceeds of crime: Up to 15 years imprisonment.
- Recklessness as to whether the property is proceeds of crime: Up to 10 years imprisonment.
- Negligence as to whether the property is proceeds of crime: Up to 5 years imprisonment.
In cases where the matter is heard in the Magistrates’ Court, the maximum penalty for any of the above offences is capped at 2 years imprisonment.
In addition to imprisonment, the court may also impose:
- Fines
- Community Corrections Orders
- Adjourned undertakings
- Discharge or dismissal
Factors and Defences to Consider:
When defending a charge of dealing with proceeds of crime, there are several key defences and mitigating factors to consider:
- Duress:
The accused was forced to deal with the property under threats of violence or coercion.
- Lack of Intent:
The accused did not knowingly or intentionally deal with the proceeds of crime.
- Law enforcement cooperation:
The accused dealt with the property in order to assist the enforcement of a law, which may serve as a valid defence.
- Factual Dispute:
There may be a factual dispute regarding whether the property was actually the proceeds of crime or whether the accused’s actions amounted to “dealing” with it.
In addition, the court may consider mitigating factors such as the accused’s personal circumstances, remorse, or cooperation with authorities, which could potentially reduce the severity of the penalty.
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What Happens Next:
If you are charged with dealing with proceeds of crime, it is crucial to seek legal advice immediately. The next steps in your case will depend on the complexity of the charge, the evidence against you, and the court in which your matter is heard. An experienced criminal lawyer will guide you through the legal process, helping you prepare a defence, assess the strength of the prosecution’s case, and explore potential defences or plea options.
At MK Law, we understand the serious nature of these charges and the impact they can have on your life. Our team is experienced in defending clients facing proceeds of crime allegations and will work to achieve the best possible outcome in your case.
Call 1800 130 120 today.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au