Dealing With Property Suspected of Being Proceeds of Crime
– section 195 of the Crimes Act 1958
When someone possess property that the Police suspect is stolen or obtained as a result of a crime.
Examples of Dealing With Property Suspected of Being Proceeds of Crime
- The police have a warrant to search a man’s home and find a large amount of cash. The man has been unemployed for some time.
- A CEO of a company is charged and convicted for tax evasion and luxury vehicles at their home are seized by the Federal Police
- A drug operation is shut down by the Federal Police and money and weapons are seized
What are some of the possible defences to a Dealing With Property Suspected of Being Proceeds of Crime charge?
- The property was legitimately purchased / obtained
- There could not be a reasonable suspicion that the property was proceeds of 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 that are asked in cases like this:
- How did you get the property?
- Is there a legitimate / legal reason for you having the property?
Maximum penalty and Court that deals with this charge
The maximum penalty for this offence is level 7 imprisonment (2 years).
Dealing with property suspected of being proceeds of crime is the sort of charge regularly heard in the Magistrates’ Court.
“Were you in possession of the property?”
What is the legal definition of Dealing With Property Suspected of Being Proceeds of Crime?
Dealing with property reasonably suspected to be proceeds of crime.
The section that covers this offence is section 195 of the Crimes Act 1958.1
What can you be sentenced to for this charge?
Depending on the circumstances of your case, you could face either a fine or a prison sentence. If there is a strong case against you that the property was obtained as a result of a crime and if the crime and property obtained are significant then a prison sentence will be imposed. However, if the property is an insignificant amount then you are more likely to face a fine.
Other Important Resources
- Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002
- VCC summaries – dealing with proceeds of crime: Sentencing decisions from 1 January 2016 to 31 August 2016
- Trafficking Cannabis and Weapons Possession Charges – CCO
- Pleading Guilty to Drug and Firearm Charges
- Summary Jurisdiction Application – Trafficking in a Drug of Dependence and Other Charges
- Diversion Application for Handling Stolen Goods
- Withdrawing Trafficking Charges and Handling Stolen Goods
 Crimes Act 1958 – Section 195