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Recklessly Dealing With Property that Later Becomes an Instrument of Crime

Recklessly dealing with property that later becomes an instrument of crime is an offence under section 193D(2) of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You dealt with property
  2. You were reckless as to whether the property would become an instrument of crime, and
  3. The property subsequently became an instrument of crime

‘Deal with’ includes:

  1. Receiving, possessing, concealing or disposing of
  2. Bringing or causing to be brought into NSW, including by electronic transfer, and
  3. Engaging directly or indirectly in a transaction, including receiving or giving a gift

‘Property’ means money or other valuables.

‘Instrument of crime’ means property that is used in the commission of, or to facilitate the commission of,

A ‘serious offence’, which is:

  1. Any offence that can be prosecuted ‘on indictment’, which means in a higher court such as the district court
  2. Supplying a restricted substance, or
  3. An offence committed outside New South Wales that would constitute an offence describe above if committed here.

You were ‘reckless’ if you foresaw the possibility that the property could become an instrument of crime, but went ahead with your actions regardless.

Proceedings for the offence cannot be brought without the consent of the DPP.

You are not guilty of the offence if you satisfy the court that your actions were intended to assist law enforcement.

Other defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Self defence.

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