Money Laundering

Question 1

MONEY LAUNDERING
Section 243 (2)
Crimes Act 1961
7 Years Imprisonment

Answer 1

1. Engages in a Money Laundering transaction.
2. With property that is the proceeds of a serious offence,
3. Knowing or believing or reckless that all or part of the property are the proceeds of a serious offence.

Question 2

1. Engages in a Money Laundering transaction.

Answer 2

243 (4) - Offender deals with the property for the purpose of concealing it. Can be for self or another.

R V WALLACE
No requirement to prove intent to conceal. Merely had to convert with knowledge was proceeds of a serious crime.

Question 3

2. With property that is the proceeds of a serious offence.

Answer 3

Property not restricted to cash and can be all or part of a serious crime punishable by 5 years or more imprisonment.

R V ALLISON
Not necessary to prove accused was involved in the serious offending.

Question 4

3. Knowing or believing or reckless that all or part of the property are the proceeds of a serious offence.

Answer 4

Guilty knowledge must exist at the time of laundering the property.

SIMESTER AND BROOKBANKS: PRINCIPLES OF CRIMINAL LAW
Knowing means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false.

R V HARNEY - Recklessness
Involves foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Consciously and deliberately taking an unjustifiable risk.

Question 5

MONEY LAUNDERING
Section 243 (3)
Crimes Act 1961
5 Years Imprisonment

Answer 5

1.1 Obtains or has in his possession
1.2 Any property (being property that is the proceeds of a serious offence committed by another person)
1.3 With intent to engage in a money laundering transaction in respect of that property
AND
1.4 Knowing, believing or reckless that all or part of the property are the proceeds of a serious offence.

Question 6

1.1 Obtains or has in his possession

Answer 6

OBTAINS Definition - Section 217, Crimes Act

POSSESSION Actual or Constructive

See firearms caselaw:
WARNER v METROPOLITAN POLICE C0MMISSIONER
SULLIVAN V EARL OF CAITNESS

Question 7

1.2 Any property (being property that is the proceeds of a serious offence committed by another person)

Answer 7

R v ALLISON - Not necessary to prove accused was involved in the serious offending.

Question 8

1.3 With intent to engage in a money laundering transaction in respect of that property

Answer 8

Intent: A person does something intentionally if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.

R v MOHAN - Intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence.

R v WAAKA - A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

Question 9

AND

1.4 Knowing, believing or reckless that all or part of the property are the proceeds of a serious offence.

Answer 9

Knowing:
SIMESTER AND BROOKBANKS: PRINCIPLES OF CRIMINAL LAW
Knowing means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false.

Believing:
Normal meaning.

Reckless:
Consciously and deliberately taking an unjustifiable risk.

R V HARNEY - Recklessness
Involves foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.