If you're suspected of having or using property, like money, that came from illegal activities, you could be charged under section 193C of the Crimes Act 1900 (NSW).
This section outlines two distinct offences:
1. Dealing with Property Valued at $100,000 or More: If an individual engages in transactions involving property suspected to originate from criminal actions, and the value of the property during these dealings equals or exceeds $100,000, they would have committed an offence.
Maximum Penalty: 5 years
2. Dealing with Property Valued Below $100,000: In cases where a person carries out transactions with property under reasonable suspicion of being linked to criminal proceeds, and the value of the property during these transactions falls below $100,000, they could be held accountable for the offence.
Maximum Penalty: 3 years.
While dealing with charges involving crime-related property might seem daunting, a skilled criminal defence lawyer can help you fight these charges and work towards a positive result.
If you're charged under section 193C, our experienced defence lawyers can advise whether there are any 'reasonable grounds' that show you didn't know the property came from criminal activities.
Our lawyers have often succeeded in negotiating with the Police to withdraw charges, by proving that our clients couldn't have known the property was connected to any criminal activity. They can also seek to rely on defences like duress if you were forced or threatened into having or using the property.
However, if you decide to plead guilty, we can assist by making compelling verbal submissions at court for your sentence hearing. These submissions highlight any 'mitigating factors' that could lead to a less severe penalty.
Our lawyers have a proven history of advocating for our clients and successfully securing conditional release orders. This means that whilst a guilty plea is accepted, the conviction does not go on your record. We are dedicated to vigorously pursuing this favorable outcome on your behalf.
Committing the offence of “dealing with property suspected of being proceeds of crime” carries a potential maximum of 5 years imprisonment. The Judicial Commission of NSW outlines several potential penalties for this crime, which are as follows:
Intensive Correction Order
1. Community Correction Order
2. Conditional Release Order without Conviction
3. Conditional Release Order with Conviction.
This charge involves knowingly dealing with property that is believed to be derived from criminal activities, such as fraud or drug trafficking.
Penalties may include fines, forfeiture of the property, and imprisonment, depending on the nature and extent of the property’s involvement in criminal activities.
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