Receiving Tainted Property
Facing a Receiving Tainted Property Charge?
If you’re facing receiving tainted property charges, it is crucial to engage our experienced team so that you can obtain the right advice and maximise your charges of a defence or reduced sentence.
Sections 433 of the Criminal Code Queensland provides:
(1) A person who receives tainted property, and has reason to believe it is tainted property, commits a crime.
(a) if the property was obtained by way of an act constituting a crime—14 years imprisonment; or
(b) if the property is a firearm or ammunition—14 years imprisonment; or
(c) if the offender received the property while acting as a pawnbroker or dealer in second hand goods, under a licence or otherwise—14 years imprisonment; or
(d) otherwise—7 years imprisonment.
To be found guilty of the offence of receiving tainted property, the prosecution is required to prove beyond a reasonable doubt that the accused possessed tainted property and that the accused had reason to believe that it was tainted property.
Tainted property is defined under s 432 of the Criminal Code Queensland as:
(a) a think that has been obtained by way of an act constituting an indictable offence; or
(b) if tainted property mention 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 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 or what received while acting as a pawn broker or dealing in second-hand goods. Otherwise, it is 7 years imprisonment.
Generally, the offence of receiving tainted property is dealt with in the Magistrates Court of Queensland.
How RHC Solicitors Help
We have experienced criminal lawyers across Queensland. We deal with the police and attend the Magistrates Court and District Court every day and have handled thousands of receiving tainted property matters.
We're affordable lawyers and often offer fixed fee quotes so that you know exactly what is ahead.