Dealing with property that subsequently becomes an instrument of crime

Engaging carelessly with property that later becomes an instrument for a criminal activity is considered an offence under section 193D(2) of the Crimes Act 1900 (NSW). Those found guilty can face a maximum imprisonment of 10 years.

Section 193D of the Crimes Act 1900 (NSW) outlines the offence of ‘Dealing with Property that Becomes an Instrument of Crime’ as follows:

(1) If:
(a) an individual deals with property with the intention that it will become an instrument of crime, and
(b) the property subsequently becomes an instrument of crime, that individual is held accountable for an offence.
The maximum penalty is imprisonment for 15 years.

(2) If:
(a) an individual deals with property with a reckless disregard as to whether the property will become an instrument of crime, and
(b) the property subsequently becomes an instrument of crime, the individual is deemed to have committed an offence.
The maximum penalty for this offence is imprisonment for 10 years.

(3) Commencement of proceedings for an offence under this section requires the consent of the Director of Public Prosecutions.

(4) A defendant has a defence against prosecution for an offence under this section if they can prove to the court that their dealings with the proceeds of crime were done to assist the enforcement of a law of the Commonwealth, a State, or a Territory.

(5) In this section: “property” refers to money or other valuables.

For this offence to be established, the prosecution must prove beyond reasonable doubt that:

1. You were involved in transactions or handling property.
2. Your actions were reckless, disregarding the potential for the property to be used in criminal activity.
3. Eventually, the property was indeed utilised as an instrument for a crime.

In this context:

• ‘Deal with’ includes actions like obtaining, possessing, hiding, transferring, or introducing into New South Wales, including digitally. This covers both direct and indirect transactions, like giving gifts.
• ‘Instrument of crime’ refers to property employed in committing or aiding a ‘serious offence.’ A ‘serious offence’ is one that can be referred to in higher courts like the District Court. It also encompasses providing restricted substances or crimes committed outside New South Wales that would be equivalent to other mentioned offences if carried out within the state.
• Being ‘reckless’ means being aware of the potential criminal use of the property but disregarding the risk and proceeding nonetheless.

Possible defences include:

1. Demonstrating an intention to aid law enforcement, which can absolve you of guilt.
2. Defences like duress, necessity, and self-defence can also be considered.

If you’re facing charges for Dealing with Property that Becomes an Instrument of Crime, reach out to KPT Defence Lawyers anytime at (02) 9267 5555. They offer a free initial consultation with an experienced defence lawyer. They’ll guide you on the best steps to take for the most favourable outcome in your situation.

This offence pertains to engaging in transactions or activities involving property that, at a later point, becomes an instrument or tool for committing a crime.

Penalties may include fines and imprisonment, particularly if the property’s involvement in a subsequent crime is established.

Potential defences include:

1. Demonstrating that actions were aiding law enforcement agencies, which could lead to exemption from guilt.

2. Other defences encompass duress, necessity, and self-defence claims.