Dealing with Property Suspected of Being Proceeds of Crime

In Victoria, dealing with property suspected of being proceeds of crime carries a maximum penalty of 2 years imprisonment. Frequently, the charge of dealing with property suspected of being proceeds of crime is a back-up charge to the offence of dealing with proceeds of crime. The charge of dealing with proceeds of crime can carry a maximum penalty of 20 years imprisonment. 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 Property Suspected of Being Proceeds of Crime:

The offence of dealing with property suspected of being proceeds of crime is contained in section 195 of the Crimes Act 1958 which states: A person who deals with property if there are reasonable grounds to suspect that the property is proceeds of crime is guilty of a summary offence and liable to level 7 imprisonment (2 years maximum).

What Actions Might Constitute Dealing with Property Suspected of Being Proceeds of Crime?

• Taking a number plate home that you find on a bushwalk;
• Transferring large sums of money between bank accounts for a stranger;
• Destroying a VIN plate on behalf of a friend.

What the Police Must Prove:

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

• That you have dealt with property; and
• That there are reasonable grounds to suspect that the property is proceeds of crime.

The prosecution is not required to prove that the property in question was the proceeds of crime. The prosecution will be able to prove their case if they prove that there were reasonable grounds to suspect that the property was the proceeds of crime.

The term “deal with” includes receiving, possessing, concealing or disposing of.

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 Property Suspected of Being Proceeds of Crime:

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

• Honest and reasonable mistake;
• Duress;
• Identity;
• Factual Dispute.

Which Court Will Hear Your Matter?

The charge of dealing with property suspected of being proceeds of crime will be heard in the Magistrates’ Court of Victoria.