If you are suspected of having or using property (including money) that has been obtained through unlawful criminal activity, you could face charges under s 193C of the Crimes Act 1900.
While being accused of dealing with the proceeds of crime can be daunting and upsetting, an expert criminal defence lawyer can help you fight the charges and obtain a positive result in your case.
Section 193C says that if you know, or should have known that the property you are dealing with was obtained through illegal criminal activity, you could face a maximum penalty of 2 years imprisonment or a fine of $5,500.
While these penalties may seem daunting, it’s important to note that these are maximum penalties and will only apply in the most serious cases.
Section 193C also contains a clause which says that you can defend yourself against the charges by proving to the court that you had no reasonable grounds to suspect that the property was obtained through unlawful criminal activity.
If you’ve been charged under s 193C, our expert defence lawyers can advise you of any ‘reasonable grounds’ that you can raise to show that you were not aware that you were dealing with criminal proceeds.
Our lawyers frequently get charges dropped at an early by showing that clients had no way of knowing that the property in question was obtained through criminal activity, or by raising an appropriate defence, such as duress (where you have been coerced or threatened into using or keeping the property).
Alternatively, if you wish to accept the allegations against you, we can assist by preparing effective sentencing submissions which highlight any ‘mitigating factors’ that should be taken into account by the court when determining your penalty.
Our lawyers fight hard in every case to persuade the court to deal with these matters by way of ‘section 10 dismissals or conditional release orders,’ which is where you are found guilty of the offence, but no conviction is recorded on your criminal record.
For the best defence in your ‘proceeds of crime’ case, speak to the experts at Sydney Criminal Lawyers®. Call us today on (02) 9261 8881 and book your FREE first conference with us today.
Section 193C of the Crimes Act 1900 deals with the offence of “dealing with property suspected of being proceeds of crime” and reads as follows:
193C Dealing with property suspected of being proceeds of crime
(1) A person who deals with property that is property that there are reasonable grounds to suspect is proceeds of crime is guilty of a summary offence.
Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
(2) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had no reasonable grounds for suspecting that the property was substantially derived or realised, directly or indirectly, from an act or omission constituting an offence against a law in force in the Commonwealth, a State or a Territory or another country.