POSSESSION OF DEDICATED ENCRYPTED CRIMINAL COMMUNICATION DEVICES IN SYDNEY
Being charged with possession of a dedicated encrypted criminal communication device is a serious offence under New South Wales law. This charge often arises in investigations involving organised crime, drug trafficking, or other illicit activities where secure communication is used to avoid police detection.
If you or someone you know is facing allegations under Section 192P of the Crimes Act 1900 (NSW), understanding the offence, its penalties, and your legal options is essential. Experienced criminal defence lawyers can make a significant difference in protecting your rights and seeking the best possible outcome.
WHAT IS THE OFFENCE UNDER SECTION 192P?
Section 192P of the Crimes Act 1900 targets the possession of dedicated encrypted communication devices used for criminal purposes. These devices are designed to provide secure, private communication channels, often inaccessible to law enforcement.
The law makes it an offence to possess such a device if it is intended to be used, or is used, for:
- Facilitating or planning criminal offences
- Avoiding detection or investigation by police
- Enabling unlawful activities
Importantly, the offence covers not only the use but also the mere possession of these devices when linked to criminal intent.
WHAT MUST THE PROSECUTION PROVE?
To secure a conviction, the prosecution must prove beyond reasonable doubt that:
- You knowingly possessed a device designed or adapted for encrypted criminal communications; and
- You intended to use the device for unlawful purposes or had reasonable grounds to suspect it would be used for criminal activities.
Possession can be actual (physically holding the device) or constructive (having control over it).
PENALTIES FOR POSSESSION OF ENCRYPTED CRIMINAL COMMUNICATION DEVICES
This is a serious offence with significant penalties, reflecting the intent to conceal criminal conduct.
- Maximum penalty: 3 years imprisonment
- The offence can be heard summarily in Local Court or on indictment in District Court depending on the circumstances.
Courts will consider factors such as the device’s role in criminal activity, your intent, and prior record when determining the sentence.
COMMON DEFENCES TO THIS CHARGE
Defending a charge under Section 192P can be complex but some common defences include:
- Lack of knowledge: You were unaware the device was designed or used for criminal communications.
- No intent: You possessed the device for legitimate purposes and did not intend to use it criminally.
- Mistaken identity: The device was not in your possession or control.
- Procedural issues: Evidence was unlawfully obtained, or chain of custody was broken
- Unlawful search
An experienced criminal lawyer will scrutinise all evidence, including device analysis, police reports, and how the device came into your possession.
CASE STUDY: SUCCESSFUL DEFENCE FOR POSSESSION CHARGE IN SYDNEY
Recently, we represented a client charged under Section 192P after police found an encrypted communication device during a vehicle search. Our client maintained the device was purchased second-hand without knowledge of its encrypted capabilities.
We:
- Challenged the prosecution’s evidence on the device’s use and intent
- Demonstrated absence of any criminal activity linked to our client
- Highlighted lack of direct control over the device
The Magistrate accepted our submissions, leading to the charges being dismissed — allowing our client to avoid a criminal record.
HOW CRIMINAL LAWYERS CAN HELP
Facing a charge for possession of a dedicated encrypted criminal communication device is serious and requires immediate legal advice. Criminal defence lawyers can:
- Review and challenge the evidence and police procedures
- Advise on your rights and possible defences
- Negotiate with prosecutors for charge reduction or alternative outcomes
- Represent you vigorously in court to minimise penalties
Having a knowledgeable lawyer experienced in technology-related offences can significantly improve your chance of success.
ALTERNATIVES TO CONVICTION
Depending on the circumstances, courts may consider alternatives to impriosnment, such as:
- Conditional release orders (with/without conviction recorded)
- Community Corrections Order
- Intensives Corrections Order
- Fines
However, these options require strong legal advocacy and compelling personal submissions.
FINAL THOUGHTS
If you’re charged with possessing an encrypted criminal communication device, don’t underestimate the severity of this offence. Early, expert legal advice is vital to protecting your future.
Criminal Lawyers Group has the experience and expertise to guide you through these complex cases, ensuring your rights are defended at every step.
CONTACT US
If you or someone you know faces charges under Section 192P or related offences, contact us today for immediate, confidential advice.
📞 Call Criminal Lawyers Group on (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
We’re available 24/7 to support you with trusted advice and strong representation.
Criminal Lawyers Group — Protecting your rights in Sydney and NSW criminal law.