Dealing with Property Which Subsequently Becomes an Instrument of Crime
– section 195A of the Crimes Act 1958
When something that you possessed is used in a crime.
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.
What are some of the possible defences to a Dealing with Property Which Subsequently Becomes an Instrument of Crime charge?
- 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 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?”
What is the legal definition of Dealing with Property Which Subsequently Becomes an Instrument of Crime?
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.
Legislation
The section that covers this offence is 195A of the Crimes Act 1958.1
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.
Check out some of the criminal cases we’ve defended in court that involve the offence of Dealing with Property Which Subsequently Becomes an Instrument of Crime:
[1] Crimes Act 1958 – Section 195A
(a) the person deals with property intending that the property will become an instrument of crime; and
(b) the property subsequently becomes an instrument of crime.
(2) A person is guilty of an offence and liable to level 5 imprisonment (10 years maximum) if—
(a) the person deals with property being reckless as to whether or not the property will become an instrument of crime; and
(b) the property subsequently becomes an instrument of crime.
(3) A person is guilty of an offence and liable to level 6 imprisonment (5 years maximum) if—
(a) the person deals with property being negligent as to whether or not the property will become an instrument of crime; and
(b) the property subsequently becomes an instrument of crime.
(4) A prosecution for an offence under this section must not be commenced without the consent of the Director of Public Prosecutions.
(5) It is a defence to a prosecution for an offence under this section if the accused satisfies the court that the accused dealt with the property in order to assist the enforcement of a law of the Commonwealth, a State or a Territory.
