Knowingly Dealing with Proceeds of Crime with Intent to Conceal

Understanding Section 193B(1) of the Crimes Act 1900 (NSW)

What is the Offence?

Knowingly dealing with the proceeds of crime with intent to conceal is a serious offence under Section 193B(1) of the Crimes Act 1900 (NSW). The maximum penalty for this offence is 20 years imprisonment.

This offence targets individuals who handle property or money obtained through criminal activity and deliberately try to hide its illicit origin.

What Must the Prosecution Prove?

To secure a conviction, the prosecution must establish beyond reasonable doubt that:

1. You dealt with the proceeds of crime,
2. You knew that the property or money was the proceeds of crime, and
3. You intended to conceal the fact that it was proceeds of crime.

What Does ‘Dealt With’ Mean?

The law defines “dealing with” proceeds of crime very broadly. It includes but is not limited to:

• Receiving, possessing, concealing, or disposing of the property,
• Bringing or causing to be brought into New South Wales, including via electronic transfers,
• Sending or causing to be sent out of New South Wales, including via electronic communication,
• Engaging directly or indirectly in a transaction, such as making or receiving a gift.

What Are ‘Proceeds of Crime’?

‘Proceeds of crime’ refers to any property that is used in or facilitates the commission of a serious offence. This includes:

• Money, real estate, personal property, and valuable securities,
• Debts, legacies, deeds, and instruments evidencing title or rights to property,
• Property that has been converted or exchanged from its original form.

In essence, it covers everything acquired or transformed through criminal activity, whether immediately or at a later stage.

What is a ‘Serious Offence’?

A ‘serious offence’ is:

• Any New South Wales or Commonwealth offence prosecutable on indictment (i.e., in higher courts like District or Supreme Court), usually involving penalties exceeding two years’ imprisonment,
• Offences related to the supply of restricted substances under Section 16 of the Poisons and Therapeutic Goods Act 1966 (NSW), or
• Offences committed outside NSW that would be indictable if committed within NSW.

What Does ‘Cause’ Mean in This Context?

‘Cause’ includes directing or facilitating the dealing or movement of proceeds of crime.

Are There Any Exceptions?

You are not guilty of this offence if you can prove, on the balance of probabilities, that your actions were to assist in the enforcement of a Commonwealth, State, or Territory law.

Common Legal Defences

Legal defences against a charge under Section 193B(1) may include:

• Duress – acting under threat of serious harm,
• Claim of right – believing you had a legal right to deal with the property,
• Necessity – actions were necessary to avoid a greater harm,
• Mental illness – lack of criminal responsibility due to mental incapacity.

Need Legal Advice on Proceeds of Crime Charges?

If you or someone you know is facing charges of knowingly dealing with proceeds of crime with intent to conceal, immediate legal advice is essential.

At Criminal Lawyers Group, we have extensive experience defending complex criminal matters, including proceeds of crime offences. Our team will carefully review your case, advise you on the strongest defence strategies, and fight to protect your rights.

📞 Contact Us Now for a Confidential Consultation

Don’t wait until it’s too late — call us anytime or visit our website at www.criminallawyersgroup.com.au to schedule a confidential consultation with one of our expert criminal defence lawyers.

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