If a family member or friend has been charged with a criminal offence, a decision will be made about whether they should be released from police custody on bail, or whether they will be refused bail by police.
If you have been charged with money laundering, police must prove that:
What does ‘dealt with’ mean in money laundering?
To deal with proceeds means to receive, possess, conceal or dispose of property (including money). It also includes transferring funds physically or electronically, engaging in transactions and gifting or receiving a gift.
Silence can amount to deception if it represents a certain position that you do not meet with following conduct. For example, if you enter a restaurant and order a meal, you are representing the position that you would eventually pay for the meal.
What does ‘proceeds of crime’ mean in money laundering?
If police cannot prove that you intended to deceive the complainant, it must be proved that you realised the complainant might have been deceived, but continued with the act regardless.
What does dishonesty mean in fraud?
Property that has been derived (either directly or indirectly) through the commission of a serious offence. You are not required to have committed or been involved in the commission of the base offence.
What does ‘intend to conceal’ mean in money laundering?
Intended to conceal means that you dealt with the proceeds of crime and your purpose of dealing was to make the illegal proceeds undetectable by the authorities or to appear legitimate.
This will depend on a number of factors, including whether you accept that you dealt with proceeds of crime and whether you accept that you did so while intending to conceal the illegitimacy of the proceeds.
You may accept that you dealt with proceeds of crime while intending to conceal the illegitimacy of these proceeds, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as dealing with property suspected of being proceeds of crime.
Alternatively, you may accept that you engaged in money laundering, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is highly likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q: Will I go to jail for money laundering?
A: It is likely that you will go to jail. The maximum penalty for money laundering is 20 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail.
Q:What will the court take into account when sentencing?
A: The court will take into account the value of the proceeds that you knowingly dealt with, as well as the surrounding circumstances. For example, dealing with and intending to conceal property obtained through a robbery may be seen as less serious than attempting to conceal the proceeds of a multi-million-dollar criminal syndicate.
The court will also take into account many other factors including your personal circumstances and criminal history.
If you have been charged with dealing with property suspected of being proceeds of crime, police must prove that:
What does ‘dealt with’ mean?
To deal with proceeds means to receive, possess, conceal or dispose of property (including money). It also includes transferring funds physically or electronically, engaging in transactions and gifting or receiving a gift.
What does ‘proceeds of crime’ mean?
Property that has been derived (either directly or indirectly) through the commission of a serious offence. You are not required to have committed or been involved in the commission of the base offence.
What does ‘reasonable grounds to suspect’ mean?
The second element of this offence does not require you to have suspected that the property you dealt with is a proceed of crime. Rather, police are only required to prove that the circumstances that you were in, would have provided a reasonable person with grounds to suspect that the property being dealt with has not been lawfully obtained.
This will depend on a number of factors, including whether you accept that you dealt with proceeds of crime and whether you accept that you had reasonable grounds to suspect that the property was in fact a proceed of crime.
You may accept that you dealt with property suspected of being proceeds of crime, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q: Will I go to jail for dealing with property suspected of being proceeds of crime?
A: There is a real prospect that you will go to jail. The maximum penalty for this offence is 5 years imprisonment if the proceeds equal to or exceed $100,000 or 3 years imprisonment if the proceeds are less than $100,000. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail.
What will the court take into account when sentencing?
The court will take into account the value of the proceeds, as well as the surrounding circumstances. The court will also take into account many other factors including your personal circumstances and criminal history.
If you have been charged with dealing with property that subsequently becomes an instrument of crime, police must prove that:
What does ‘dealth with’ mean for dealing with property that subsequently becomes an instrument of crime?
To deal with property means to receive, possess, conceal or dispose of property (including money). It also includes transferring funds physically or electronically, engaging in transactions and gifting or receiving a gift.
What does ‘property’ mean?
Property refers to money and all other valuables. In this context, the word valuables is not restricted to small personal items, it may include motor vehicles, weapons and objects capable of being used in the commission of or to facilitate the commission of a crime.
What does ‘instrument of crime’ mean in dealing with property that subsequently becomes an instrument of crime?
An instrument of crime is property that is used in the commission of or to facilitate the commission of a serious offence.
This will depend on a number of factors, including whether you accept that you were dealing with property that subsequently becomes an instrument of crime and whether you accept that you did so intentionally.
You may accept that you were dealing with property that subsequently become an instrument of crime dealing with property that subsequently becomes an instrument of crime, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is highly likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Q: Will I go to jail for dealing with property that subsequently becomes an instrument of crime?
A: It is likely that you will go to jail. The maximum penalty for dealing with property that subsequently becomes an instrument of crime is 15 years imprisonment. However the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail.
Q: What will the court take into account when sentencing?
A: The court will take into account the nature of the property dealt with, as well as the surrounding circumstances. For example, if the instrument of crime was a knife, this may be seen as less serious than a firearm as an instrument of crime. The court will also take into account many other factors including your personal circumstances and criminal history.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.
Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.
At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.
As leaders in criminal defence, we know that every story has two sides. We defend yours.
Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.