Recklessly Dealing with Proceeds of Crime

Section 193B(3) Crimes Act 1900 (NSW)

What is the Offence?

Recklessly dealing with the proceeds of crime is a criminal offence under Section 193B(3) of the Crimes Act 1900 (NSW). It carries a maximum penalty of 10 years imprisonment.

This offence applies when a person deals with property that may be proceeds of crime, realising there is a risk that the property is illicitly obtained but proceeding regardless.

What Must the Prosecution Prove?

To establish a conviction for this offence, the prosecution must prove beyond reasonable doubt that:

1. You dealt with the proceeds of crime, and
2. You were reckless as to whether the property was the proceeds of crime.

What Does ‘Dealt With’ Mean?

The term “dealt with” covers a wide range of actions including:

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

What Are ‘Proceeds of Crime’?

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

• Real and personal property, money, valuable securities, debts, and legacies,
• Deeds and instruments evidencing title or rights to property,
• Property converted or exchanged from its original form, and anything acquired through such conversion.

What is a ‘Serious Offence’?

A ‘serious offence’ is:

• Any NSW or Commonwealth offence that can be prosecuted on indictment (in higher courts like District or Supreme Court), generally with penalties exceeding two years’ imprisonment,
• Offences related to supplying 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 the state.

What Does Recklessness Mean?

You are reckless if you:

• Realised at the time that the property could possibly be the proceeds of crime, and
• Went ahead with dealing with the property regardless of that risk.

What Does ‘Cause’ Mean?

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

Are There Any Exceptions?

You will not be guilty if you satisfy the court, on the balance of probabilities, that your actions were to assist in the enforcement of a Commonwealth, State, or Territory law.

Common Legal Defences

Defences to a charge of recklessly dealing with proceeds of crime may include:

• Duress – acting under threat,
• Claim of right – belief of legal entitlement,
• Necessity – to prevent a greater harm,
• Mental illness – lack of criminal responsibility.

Need Expert Legal Advice on Proceeds of Crime Charges?

If you are facing charges of recklessly dealing with proceeds of crime, it is crucial to seek expert legal advice immediately. At Criminal Lawyers Group, we provide experienced defence for proceeds of crime offences, helping you understand your rights and mount the strongest possible defence.

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Visit www.criminallawyersgroup.com.au or call us anytime to discuss your case confidentially with one of our dedicated criminal defence lawyers.