Our experienced criminal lawyers have prepared a brief overview of the law relating to possess property suspected of being tainted property.
If you or someone you care about is facing the charge, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other criminal charges, visit DISHONESTY OFFENCES.
Possess Property Suspected of Being Tainted Property – The Law
Section 252 of the Criminal Proceeds Confiscation Act 2002 creates the offence of possess property suspected of being tainted property. The section provides:
(1) A person must not receive, possess, dispose of, bring into Queensland, conceal or disguise property that may reasonably be suspected of being tainted property.
Elements of the offence
To be found guilty of the offence of possess property suspected of being tainted property, the prosecution must prove beyond reasonable doubt:
- The accused received, possessed, disposed of, concealed, disguised and/or brought into Queensland property;
- The property may reasonably be suspect of being tainted property.
The maximum penalty enforceable for a conviction of possess property suspected of being tainted property is 100 penalty units or 2 years imprisonment.
Jurisdiction – Where will the matter be heard?
The offence of possess property suspected of being tainted property will originate in the Magistrates Court and will most likely be finalised in the Magistrates Court.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of stealing. Generally a conviction would be recorded for this type of offence, although one is not inevitable.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
For legal advice specific to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.