Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Concealing Property Derived From Drug Offence
Concealing property obtained from a drug offence is a serious offence and carries a maximum penalty of 20 years imprisonment in the ACT.
What Is Concealing Property Derived From A Drug Offence?
Section 639 of the Criminal Code Act 2002 defines the offence of concealing property derived from a drug offence as occurring when a person:
- conceals property; or
- transfers the ownership of property to someone else; or
- modifies property; or
- removes property from the ACT; and
- knows that the property was derived from a drug offence directly or indirectly; and
- does so with the intention of avoiding prosecution for a drug offence or enforcement of a penalty for a drug offence or to avoid the forfeiture of the property.
The maximum penalty for concealing property directly or indirectly derived from a drug offence is 2,000 penalty units and/or 20 years imprisonment.
Receiving property derived from a drug offence
Section 640 of the Criminal Code ACT 2002 states it is an offence to receive property directly derived from a drug offence. A person can be found guilty of this offence if they receive property knowing that:
- the property is directly derived from a drug offence committed by someone else; and
- they do not have a legal entitlement to the property.
The maximum penalty for receiving property directly derived from a drug offence is 700 penalty units and/or seven years imprisonment.
What Actions Might Constitute Concealing Property Derived From A Drug Offence?
- Hiding a thing such as a sports car purchased with the profits of a drug deal outside of the ACT;
- Disguising a thing purchased with the profits of a drug deal;
- Transferring the title deed of a house bought with drug profits into another person’s name.
What The Police Must Prove
- That the accused concealed, transferred, adapted or removed property; and
- That the property was directly or indirectly obtained with the proceeds of a drug offence; and
- The accused dealt with the property with the intention to avoid prosecution or penalty for a drug offence or the forfeiture of the property.
A charge of concealing property derived from drug offences can be defended by arguing:
- that the accused did not do the physical acts alleged (factual defence);
- that the property was not obtained from profits of a drug offence;
- that the accused did not intend to evade prosecution, penalty or the forfeiture of the property;
- that the accused acted under duress;
Which Court Will Hear Your Matter?
The concealing property offence is an indictable offence and carries a maximum penalty of 20 years imprisonment so it will be heard in the ACT Supreme Court.
The receiving property offence has a maximum penalty of seven years imprisonment so it will be heard in the ACT Supreme Court or the ACT Magistrates Court. If it is heard in the ACT Magistrates Court the maximum penalty the court can impose is a $15,000 fine and/or 5 years imprisonment whereas if it is heard in the ACT Supreme Court the maximum penalty of 20 years imprisonment can be imposed.
If a person is charged with the offence of concealing etc. property derived from drug offence, they may also be charged with other offences. The accused could be charged with hiding or concealing money originating from crime under Sections 400.3 to 400.8 of the Criminal Code Act 1995 (Cth). They may also be charged with an offence under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. More information about these offences can be found on the Money Laundering page.
The maximum penalty for concealing property derived from drugs is 2,000 penalty units and/or 20 years imprisonment, however the court may impose any of the following penalties:
- Prison Sentence
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Good Behaviour Bond
- Section 17
- Section 10
If you require legal advice about concealing etc. property derived from drugs or any other legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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