Dealing with Property Which Subsequently Becomes an Instrument of Crime

– section 195A of the Crimes Act 1958

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:

• Deferring a Sentence for Dishonesty Offences

[1] Crimes Act 1958 – Section 195A