PROCEEDS OF CRIME

WHAT IS PROCEEDS OF CRIME?

Dealing with property suspected of being
proceeds of crime can be found under Section
193(C) Crimes Act 1900(NSW). Given the
serious and complex nature of this offence and
the fact with a charge of this offence oftentimes
the authorities will utilise the Confiscation of
Proceeds of Crime Act 1989 (NSW) to confiscate
the property that is being dealt with we highly
recommend you seek a robust senior solicitor
to represent you.
One examples of dealing with the proceeds of
crime is transferring money that had been
obtained fraudulently from a bank account.
LAW/JURISDICTION
An offence of dealing with the proceeds of
crime it is to be dealt with in the Local Court
unless an election is made for trial on
indictment by the Department of Public
Prosecutions (DPP).

The nature and elements of the offence of

Dealing with the proceeds of Crime were
considered in the NSW Court of Criminal Appeal
case of Zahrooni v R [2010] NSWCCA 252 at [60]:
Here it was said that the “primary purpose of
the Act is to make crime unrewarding and
unproductive”.
THE LAW
This offence of Dealing with property
suspected of being proceeds of crimeis set
out in sections 193B and 193C of the Crimes Act
1900 (NSW).
Under section 193B, a person who knowingly
deals with the proceeds of crime is guilty of a
criminal offence. Furthermore, a person who
knowingly deals with the proceeds of crime and
intends to conceal the fact that it is proceeds of
crime is guilty of a more serious criminal
offence. You are also guilty of a criminal offence
if you are reckless in dealing with the proceeds
of crime.
Under section 193C, a person is guilty of this
offence if the person deals with property and
there are reasonable grounds to suspect that
the property being dealt with is proceeds of
crime. At the time of dealing with such
property, it must be worth at least $100,000.
This section also outlines a lesser offence,
which involves a person dealing with property,
where there are reasonable grounds that the
property in question is proceeds of crime and is
worth less than $100,000 at the time that the
property is dealt with.
WHAT MUST THE PROSECUTION PROVE?
Since dealing with the proceeds of crime is a
criminal offence, the burden of proof lies on the
Prosecution. The prosecution must prove the
Accused’s guilt beyond reasonable doubt. That
is a high standard of proof that the prosecution
must achieve before someone can be convicted
of dealing with the proceeds of crime.
To establish dealing with the proceeds of
crime, the prosecution must prove each of the
following matters beyond reasonable doubt:
  You deal/dealt with property; and
 There are reasonable grounds to suspect
the property is proceeds of crime.

Or

 You deal with proceeds of crime;

 Being reckless as to whether it is proceeds
of crime.

Or

 You deal with proceeds of crime;

 Knowing that it is proceeds of crime

Or

 You deal with proceeds of crime;

 Knowing that it is proceeds of crime; and
 Intending to conceal that it is proceeds of
crime.

Deal with includes receive, possess, conceal or

dispose of; or bring or cause to be brought into
NSW, including transfer or cause to be
transferred by electronic communication, or
engage directly or indirectly in a transaction,
including receiving or making a gift.

Proceeds of crime means any property that is

substantially derived or realised, directly or
indirectly, by any person from the commission
of a serious offence.

Serious offence means any offence against the

laws of New South Wales, being an offence that
may be prosecuted on indictment; or the
offence of supplying any restricted substance
prescribed for the purposes of section 16 of the
Poisons and Therapeutic Goods Act 1966(NSW)
that arises under section 18A of that Act; or an
offence committed outside New South Wales
(including outside Australia) that would be an
offence referred to in paragraph (a) or (b) if it
had been committed in New South Wales.

IF YOU ARE CHARGED WITH THE

OFFENCE OF DEALING WITH THE
PROCEEDS OF CRIME WHAT ARE YOUR
OPTIONS?
National Criminal Lawyers have been successful
in defending a number of dealing with the
proceeds of crime charges where the
prosecution could not establish each of the
elements of dealing with the proceeds of crime.
We have also achieved a number of non-
convictions for dealing with the proceeds of
crime charges.
NCL offer the following options for those who
have been charged with dealing with the
proceeds of crime:

1. We will negotiate with prosecutors

(police or DPP) (a term referred to as “plea
negotiations”) to request that the charge is
withdrawn, downgraded or fact sheets
amended;
2. NCL will Plead Not Guilty and go to
hearing/trial and persuade the Court that
prosecution has not proven its case beyond
reasonable doubt;
3. Plead guilty to the elements of the
charge and then dispute the facts (at a
special “disputed facts” hearing) with the
view of having you sentenced less harshly;
and/or
4. Plead guilty with full acceptance of the
facts as set out by the police and make
strong submissions on your behalf
requesting that the Court not record a
criminal conviction.
PLEADING GUILTY
If you agree that you have committed the
offence and the police are able to prove all the
elements of the offence, it is best to plead guilty
at an early opportunity to receive the maximum
discount. Currently the maximum discount
available for an early plea of guilty is 25% of the
sentence.
Furthermore, the early guilty plea shows the
Court that you have remorse and contrition for
your actions.

Our Lawyers at National Criminal Lawyers

work closely with you to ensure that we obtain
all necessary paper work at increasing the
chances of obtaining a non-conviction or
section 10.
MAXIMUM PENALTY:
Where there are reasonable grounds to suspect
the property is proceeds of crime the maximum
penalty if heard in the Local Courtis 2 years
imprisonment and/or a fine of $5,500.00.
Where you are reckless to the property being
proceeds of crime the maximum penalty in the
District Court is 10 years imprisonment.
Where you know the property is proceeds of
crimes the maximum penalty is 15 years
imprisonment and when you know intending to
conceal that fact, the maximum penalty is 20
years imprisonment.
The above penalties are typically reserved for
the worst offenders.
PLEADING NOT GUILTY
If you decide to plead not guilty you will need to
prepare to go to a Defended Hearing. A
defended hearing is where all the witnesses of
that case are called to give evidence. The
witnesses are both examined by the
prosecution and tested by your defence
lawyers.
National Criminal Lawyers have defended
thousands of people charged with dealing with
the proceeds of crime and are experts at these
hearings.
DEFENCES
Sometimes there may exist a defence at law.
Some of the possible defences available for
those charged with dealing with the proceeds
of crime can include:
 Duress-If you were compelled to act in a
certain way due to the circumstances, or the
threats of another you may be able to argue
“Duress”
 Necessity – If your actions were necessary
to prevent a greater harm from occurring,
you may have the defence of-Necessity.
 Self-defence - If you were defending
yourself or another OR yours or another’s
property you may have a Defence of Self-
Defence;

STATISTICS
The Courts are not bound by statistics however
there must be reasonable consistency in
sentences. A Magistrate or Judge should have
regard to what has been done in other cases. In
Green [2011] HCA 45, the plurity judgement of
French CJ, Kiefel and Creennan JJ stated:
 “Equal Justice” embodies the norm expressed
in the terms “equality before the law”. It is an
aspect of the rule of law.

For matters which were equal or less than

$100,000, 27% of offenders received a sentence
of full time imprisonment whereas 40%
received a s9 Good behaviour Bond.
For matters which were over $100,000, 100%
of persons who plead or were found Guilty
received some form of a custodial sentence. In
particular 50% of persons were sentenced to
fulltime imprisonment, 25% were sentenced to
an Intensive corrections order and 25%
sentenced to a suspended Sentence.
POSSIBLE PENALTY’S
In NSW, a court can impose any of the following
penalties for a dealing with the proceeds of
crime charge.
 Prison sentence;
 Home Detention;
 Intensive correction order (previously
periodic detention);
 Suspended sentence;
 Community service order (CSO);
 Good behaviour bond;
 Fine;
 Section 10.

However, from the 24 September 2018 new

penalty’s will be replacing the above. They are
as follows:

 Full time Imprisonment;

 New ICO (ICO) with a home detention
condition available;
 New Community Correction Order (CCO);
 Fine;
 New Conditional release Order (CRO).
CASE STUDIES

Our Client was charged with dealing with

proceeds of crime after the dishonestly was
caught transferring money that had been
obtained fraudulently from a bank account.
He pleaded guilty to the charge. The defence
applied to have the sentence dealt with by way
of a good behaviour bond. Our submissions
were successful, and our client received a 12-
month bond.

WHY NATIONAL CRIMINAL LAWYERS

There are three reasons to choose National

Criminal Lawyers

1. We get the results

We are the experts in either beating or

having criminal charges withdrawn
AND/OR obtaining the least restrictive
penalty available. This is because no matter
which option you choose within our
tailored Options at Law you will be dealing
with experienced criminal lawyers who can
 make sure the evidence is not only obtained
properly but also that your case is prepared
and presented to the highest best practice
standards possible. This is also done
without breaking your pocket.

2. We give a Senior Defence Lawyer

guarantee

No matter which option at law you choose,

National Criminal Lawyers can guarantee
that a Senior Defence Lawyer will represent
you. This means that with our over 25 years
of Combined criminal law experience you
will get the best result possible.

3. National Criminal Lawyers are the best

defenders of your rights

At National Criminal Lawyers we know that

Criminal Law is a matter of Human Rights.
For this reason, we take pride and passion
in representing our clients. This pride and
passion to assist those charged with an
alleged or actual breach of the criminal law
is to us a matter of righteous necessity and
 in that sense, you can always rest assured
that National Criminal Lawyers are the best
defenders of your rights. This true not only
when the police have just simply got it
wrong OR if they have got it right then we
can speak with you and make sure you get
you the best result available.

If you have been charged with any Dealing with

property suspected of being proceeds ofcrime
offence our Team at National Criminal Lawyers
are well versed and specialists in having
charges either withdrawn and otherwise
achieving favourable outcomes. Please contact
our office on 02 9893 1889 or visit
www.nationalcriminallawyers.com.au for more
information about your options.