Dealing with Property Which Subsequently Becomes an Instrument of Crime

In Victoria, the maximum penalty for dealing with proceeds of crime varies depending on the circumstances of each case.

The offence of dealing with proceeds of crime knowingly and intending to conceal that the item is the proceeds of crime carries a maximum penalty of 20 years imprisonment.

The offence of dealing with proceeds of crime knowing it is the proceeds of crime carries a maximum penalty of 15 years imprisonment.

The offence of dealing with proceeds of crime and being reckless as to whether or not it is proceeds of crime carries a maximum penalty of 10 years imprisonment.

The offence of dealing with proceeds of crime and being negligent as to whether or not it is the proceeds of crime carries a maximum penalty of 5 years imprisonment.

Frequently, the Police will charge a person with 2 or more of these charges as back-up offences for the same set of circumstances. Due to the seriousness of these offences, it is important that you seek legal advice as soon as possible so that an experienced criminal lawyer can assess your case and provide advice specific to your matter.

Penalties the Court can impose for this charge:

• Imprisonment (Jail – Full Time)
• Community Corrections Orders
• Fine
• Adjourned undertaking
• Discharge
• Dismissal

The Offence of Dealing with Proceeds of Crime:

The offence of dealing with proceeds of crime is contained in section 194 of the Crimes Act 1958 which states:

• A person must not deal with proceeds of crime-
  • knowing that it is proceeds of crime; and
  • intending to conceal that it is proceeds of crime.

• A person must not deal with proceeds of crime knowing that it is proceeds of crime.
• A person must not deal with proceeds of crime being reckless as to whether or not it is proceeds of crime.
• A person must not deal with proceeds of crime being negligent as to whether or not it is proceeds of crime.

What Actions Might Constitute Dealing with Proceeds of Crime?

• Transferring money that had been obtained fraudulently from a bank account;
• Delivering a drivers licence from one person to another;
• Changing the serial number on stolen electrical goods so they do not appear to be stolen.

What the Police Must Prove:

To convict you of dealing with proceeds of crime, the prosecution must prove each of the following matters beyond a reasonable doubt:

• That you received, possessed, concealed or disposed of;
• Property that is derived or realised, directly or indirectly, by any person;
• From the commission of a State or Federal offence; and,
• You either knew, were reckless or were negligent about whether the property was the proceeds of crime.

Property is defined to include money and all other property real or personal including things in action and other intangible property.

Possible Defences for Dealing with Proceeds of Crime:

Possible defences to dealing with proceeds of crime include but are not limited to:

• Duress;
• Intent;
• The person dealt with the property in order to assist the enforcement of a law of the Victoria or Australia;
• Factual Dispute.

Which Court Will Hear Your Matter?

The charges of dealing with known proceeds of crime are indictable offences that must be heard in the County Court of Victoria.

The charges of dealing with the proceeds of crime and being reckless or negligent as to whether or not the property is the proceeds of crime can be heard in the Magistrates’ Court of the County Court of Victoria. If the charge is dealt with in the Magistrates’ Court of Victoria, the maximum penalty for each offence is 2 years imprisonment.