Our experienced criminal law solicitors have prepared a brief overview of the law relating to receiving tainted property.
If you or someone you care about is facing a charge of receiving tainted property, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other dishonesty charges, visit our DISHONESTY OFFENCES.
Receiving Tainted Property – The Law
Section 433 of the Criminal Code of Queensland creates the offence of receiving tainted property. The section provides:
A person who receives tainted property, and has reason to believe it is tainted property, commits a crime
Elements of the offence
To be found guilty of the offence of receiving tainted property, the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- That the accused possessed tainted property;
- Having reason to believe that it was tainted property
Section 432 of the Criminal Code of Queensland defines Tainted property as:
(a) a thing that has been obtained by way of an act constituting an indictable offence; or
(b) if tainted property mentioned in paragraph (a) is converted into other property—any of the other property; or
(c) if tainted property mentioned in paragraph (a) is mortgaged, pledged or exchanged for other property—any of the proceeds of the mortgage, pledge, or exchange.
The maximum penalty for the an allegation of receiving tainted property is 14 years imprisonment where:
- the property was obtained by an act constituting a crime;
- the property was a firearm;
- was received while acting as a pawn broker or dealer in second hand goods;
otherwise 7 years imprisonment.
Jurisdiction – Where will the matter be heard?
The offence of receiving tainted property is an indictable offence. The charge will resolved 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 receiving tainted property. Generally a conviction would not be recorded for a first offence for this type of offence, although one is likely for subsequent convictions.
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.