MONEY LAUNDERING - Ingredients => Definition Flashcards
Engages in a Money Laundering transaction
Section 243(4), Crimes Act 1961
Offender deals with the property for the purpose of concealing it. Can be for self or another.
Conceal - Section 243(1), Crimes Act 1961
In relation to property means to conceal or disguise.
R v WALLACE
No requirement to prove intent to conceal. Merely had to convert with knowledge was proceeds of serious crime.
RTS
With property that is the proceeds of a serious offence
Property not restricted to cash and can be all or part of a serious crime. A serious offence is punishable by 5 years or more imprisonment.
Property - Section 2, Crimes Act 1961
Includes any real or personal property. Any estate or interest in any real or personal property. Anything in action. Any other right of interest.
Serious Offence - Section 243(1) , Crimes Act 1961
Offence punishable by 5 years or more imprisonment.
Offence
Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.
R v ALLISON
Not necessary to prove accused was involved in the serious offending.
RTS
Knowing, believing or reckless
that all or part of the property
are the proceeds of a serious offence
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.
OR
Acting “recklessly” involves 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.
All or part of the property are the proceeds of a serious offence
As per 1.2
Guilty knowledge must exist at the time of laundering the property
RTS
Obtains or has in his or her possession
Obtain - Section 217 Crimes Act 1961
In relation to any person means obtain or retain for him/her self or for any other person.
Possession
Possession may be actual or constructive.
Actual Possession
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.
WARNER v METROPOLITION POLICE COMMISSIONER
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- Complete physical control over it
- Knowledge of its existence, its situation and its qualities
Constructive Possession
Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.
Constructive:
SULLIVAN V EARL OF CAITHNESS
“[Possession includes} not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”
RTS
Any property
(being property that is the proceeds of a serious offence committed by another person)
Property - Section 2, Crimes Act 1961
Includes any real or personal property. Any estate or interest in any real or personal property. Any money, debt, electricity. Anything in action. Any other right or interest.
Serious Offence - Section 243(1) , Crimes Act 1961
Offence punishable by 5 years or more imprisonment.
Offence
Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.
R v ALLISON
Not necessary to prove accused was involved in the serious offending.
RTS
With intent to engage in a money laundering transaction in respect of that property
AND
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’.
Section 243(4), Crimes Act 1961
Offender deals with the property for the purpose of concealing it. Can be for self or another.
Conceal - Section 243(1), Crimes Act 1961
In relation to property means to conceal or disguise.
R v WALLACE
No requirement to prove intent to conceal. Merely had to convert with knowledge was proceeds of serious crime.
RTS
Knowing, believing or reckless
that all or part of the property
are the proceeds of a serious offence
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.
OR
Believing
Normal meaning
OR
Reckless
Acting “recklessly” involves 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.
All or part of the property are the proceeds of a serious offence
As per 1.2
Property - Section 2, Crimes Act 1961
Includes any real or personal property. Any estate or interest in any real or personal property. Any money, debt, electricity. Anything in action. Any other right or interest.
Serious Offence - Section 243(1) , Crimes Act 1961
Offence punishable by 5 years or more imprisonment.
Offence
Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.
R v ALLISON
Not necessary to prove accused was involved in the serious offending
Guilty knowledge must exist at the time of laundering the property
RTS
