Dishonesty Offences – Money Laundering

Our experienced criminal lawyers have prepared a brief overview of the law relating to money laundering.  If you or someone you care about is facing a charge of money laundering, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.

For more information on other criminal charges, visit DISHONESTY OFFENCES.

Money Laundering – The Law

Section 250 of the Criminal Proceeds Confiscation Act 2002 creates the offence of money laundering.  The section provides:

(1) A person who engages in money laundering commits a crime.

(2) A person engages in money laundering if the person knowingly or recklessly—

(a) engages, directly or indirectly, in a transaction involving money or other property that is tainted property; or

(b) receives, possesses, disposes of or brings into Queensland money or other property that            is tainted property; or

(c) conceals or disguises the source, existence, nature, location, ownership or control of tainted property.

Elements of the offence

To be found guilty of the offence of money laundering, the prosecution must prove beyond reasonable doubt:

s 250(2)(a)

  1. The accused engaged, directly or indirectly, in a transaction;
  2. The transaction involved property;
  3. That property is tainted property.

s 250(2)(b)

  1. The accused received, possessed or disposed of property;
  2. That property is tainted property.

s 250(2)(c)

  1. The accused concealed or disguised the source, existence, nature, location, ownership or control of property;
  2. That property is tainted property.

The relevant property may include, but is not limited to money/currency.

Maximum penalty

The maximum penalty enforceable for a conviction of money laundering is dependant on whether the Court views the accused knowingly or recklessly engaged in the laundering.

It the accused knowingly engaged in money laundering, they are liable to 3000 penalty units or 20 years imprisonment.

It the accused recklessly engaged in money laundering, they are liable to 1500 penalty units or 20 years imprisonment.

Jurisdiction – Where will the matter be heard?

The offence  is an indictable offence and will be dealt with in the District 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.

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

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