Other Criminal Offences – VIC

Welcome to the VIC Dealing with property which subsequently becomes an instrument of crime article page. Everything you need to know about Dealing with property which subsequently becomes an instrument of crime according to VIC law.

What the Law States according to VIC Law for Dealing with property which subsequently becomes an instrument of crime

According to VIC Law for the charge of Dealing with property which subsequently becomes an instrument of crime,

Crimes Act 1958 – SECT 195A
Dealing with property which subsequently becomes an instrument of crime

195A. Dealing with property which subsequently becomes an instrument of crime

(1) A person is guilty of an offence and liable to level 4 imprisonment (15 years maximum) if-

(a) the person deals with property intending that the property will become an instrument of crime; and

(b) the property subsequently becomes an instrument of crime.

(2) A person is guilty of an offence and liable to level 5 imprisonment (10 years maximum) if-

(a) the person deals with property being reckless as to whether or not the property will become an instrument of crime; and

(b) the property subsequently becomes an instrument of crime.

(3) A person is guilty of an offence and liable to level 6 imprisonment (5 years maximum) if-

(a) the person deals with property being negligent as to whether or not the property will become an instrument of crime; and

(b) the property subsequently becomes an instrument of crime.

(4) A prosecution for an offence under this section must not be commenced without the consent of the Director of Public Prosecutions.

(5) It is a defence to a prosecution for an offence under this section if the accused satisfies the court that the accused dealt with the property in order to assist the enforcement of a law of the Commonwealth, a State or a Territory.

The Maximum Penalty – Dealing with property which subsequently becomes an instrument of crime

According to VIC Law for the charge of Dealing with property which subsequently becomes an instrument of crime, 5 – 15 years depending on section.

What the Police must prove according to VIC Law for Dealing with property which subsequently becomes an instrument of crime

1. The accused dealt with property
2. That the property was intended to become an instrument of crime.
3. That property did then become an instrument of crime

Possible Defences under VIC Law – Dealing with property which subsequently becomes an instrument of crime

1. The property was dealt with in oder to assist the enforcement of a law of Australia
2. Factual dispute
3. Lack of intention (or lack of recklessness)

In VIC which court will hear the matter – Dealing with property which subsequently becomes an instrument of crime

County Court or Magistrates’ Court

 

Date: 09/01/2009