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:
‘Deal with’ includes:
‘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:
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:
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