Author: Una Ebsworth
Practice area: Fraud
Una is a Director at Doogue + George, recognised by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 2014 with over 15 years of experience in serious indictable matters. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Una authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Dealing with Property Which Subsequently Becomes an Instrument of Crime?
Dealing with Property Which Subsequently Becomes an Instrument of Crime is an offence under s195A of the Crimes Act 1958 (Vic). It involves possessing or passing on an item for use in a crime, where that item is later used in the commission of the offence.
Key points
- The prosecution must prove the accused possessed or passed on an item to be used in a crime.
- Conduct includes possessing or passing on property that is later used in offending.
- This charge may be heard in the Magistrates’ Court or County Court.
The maximum penalty for Dealing with Property Which Subsequently Becomes an Instrument of Crime is level 4 imprisonment (15 years).
Common defences may include 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.
Have you been accused of Dealing With Property Which Subsequently Becomes an Instrument of Crime?
Police Interview
The offence of Dealing With Property Which Subsequently Becomes an Instrument of Crime has three different maximum penalties depending on an accused person’s state of mind at the time of the offending. The police will ask questions to probe your state of mind at the time of the alleged offending during a record of interview. Your answers in a recorded interview are generally admissible against you. You should be very careful about how you conduct yourself in a police interview for this offence.
Prior to attending your interview, you should contact us and arrange a conference with one of our lawyers. We will explain the interview process to you, the types of questions you should suspect and what generally happens after an interview has concluded. We can also attend an interview with you. People often feel more comfortable having a lawyer accompany them to their police interview.
Pleading Not Guilty
Our lawyers analyse and police briefs and assist people to contest charges every day. We have extensive experience reviewing evidence, working out the best available defense and advising our clients accordingly.
If you wish to plead not guilty, you should book an appointment with one of our lawyers. Bring your paperwork with you so we can appraise the brief. The lawyer will be able to give you some broad advice and explain the process of contesting charges. The lawyer will point out the elements of the offence the police need to prove for you to be found guilty and the type of evidence that would need to be forthcoming to make out these elements.
Pleading Guilty
If you decide to plead guilty, our lawyers will assist you to negotiate the charges and allegations with the prosecution to resolve the matter as favourably as possible for you.
We will then work with you to gather character references, relevant medical evidence, refer you to offence specific courses/counselling and prepare submissions. This will mean that you go to court with a thoroughly prepared plea in mitigation that will assist you in obtaining the best result possible in your case.
Examples of Dealing with Property Which Subsequently Becomes an Instrument of 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.
Defences
- 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
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
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 charge
The maximum penalty for the offence of Dealing with Property Which Subsequently Becomes an Instrument of Crime (s195A of the Crimes Act 1958) 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?
What can you be sentenced to for this charge?
The sentence imposed will depend on the crime and your particular conduct with the property. If the item was used in a minor theft, the sentence will be less harsh than if it was used in a serious crime like a murder or assault.
Legislation
The section that covers this offence is 195A of the Crimes Act 1958.
