Dealing with Property Which Subsequently Becomes an Instrument of Crime
– section 195A of the Crimes Act 1958
Possessing or passing on an item, intending that it will be used in a crime. Or being reckless as to whether an item will be used in a crime. The item is subsequently used in a crime.
- A man fixes another man’s car knowing that the other man has plans to use the car to rob a service station. The car is used to rob a service station.
- A woman obtains a baseball bat for her husband from the school she works at. The husband assaults another man who had previously insulted his wife.
- A man who has a licensed gun for hunting lends his gun to his friend who is known to get into fights. The friend uses the gun in a bar fight and seriously injures two people.
- A girl gives another girl a knife in a plan to stab a teacher. The teacher is stabbed by someone else who gets the knife.
- The property was not intended to be used in a crime
- There was no possible way of knowing that the property would be used in a crime
Questions in cases like this
- What was the intended purpose for the property?
- Was there any knowledge that the property could be used in a crime?
Maximum penalty and court that deals with this chargeThe maximum penalty for this offence is level 4 imprisonment (15 years).
This charge may be heard in the Magistrates’ Court or County Court.
“Did you have something that was used in a crime?”
The section that covers this offence is 195A of the Crimes Act 1958.