Standard & Burden of Proof ‘Beyond reasonable doubt’ is the standard of proof required in criminal cases. The burden of proving this falls upon the prosecution. To prove a case ‘beyond reasonable doubt’ means that the evidence must be so strong that there is no reasonable doubt in the mind of a typical person that […]Continue reading
Cryptocurrency is a highly volatile and relatively new market / method of exchanging wealth. Whilst certain KYC (know your customer) legislation exists, the cryptocurrency medium is still in its infancy. It is attractive to money launderer’s as it provides a good medium to transfer wealth whilst not recognising borders and remaining pseudonymous. The rise of […]Continue reading
There is an obligation for a registered health practitioner to notify the National Board for their profession (e.g. medical, dental, pharmacy etc) within 7 days of being charged with a criminal offence which is punishable by 12 months of imprisonment or more. Many criminal offences carry penalties punishable by 12 months imprisonment or more. As […]Continue reading
Proceeds of Crime A Guide For Solicitors by Brian Walker, Barrister Clarence Chambers Level 21, 133 Castlereagh Street SYDNEY NSW 2000 (02) 9188 5251 admin@walkercriminallawyers.com.au an unedited version – December 2020 Information contained in this article is of a general nature only and should not be relied upon as concise legal advice. Contents History 4 […]Continue reading
Proceeds of Crime Quick Reference Guide
Section 24 of the Proceeds of Crimes Act 2002 (Cth) allows the defendant to apply for an allowance for living expenses amongst other things and in certain circumstances to be provided from restrained property. In the recent case of The Commissioner of the Australian Federal Police v Memon (No. 2) [2020] NSWSC 1636, a tender of evidence concerning […]Continue reading
On 17 December 2020 in Commissioner of the Australian Federal Police v Tjongosutiono [2020] NSWSC 1815, further judicial consideration was given to the interpretation of section 330(4) of the Proceeds of Crime Act 2002 (Cth) and its interaction with ‘cuckoo smurfing’ as a money laundering technique used in Australia. In this case, Mr Tjongosutiono had […]Continue reading
Further consideration of s 330(4)(a) Proceeds of Crime Act 2002 (Cth) post the High Court’s decision in Lordianto v Commissioner of the Australian Federal Police [2019] HCA 39. In Gwe v Commissioner of the Australian Federal Police [2020] NSWCA 247, assets were excluded from restraining orders on the basis that there was no evidentiary basis […]Continue reading
Assault occasioning actual bodily harm is an offence pursuant to section 59 of the Crimes Act 1900 ‘Act’. The provision states whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.[1] It is a more serious offence than a common assault charge. This offence is aggravated if […]Continue reading
Assault occasioning grievous bodily harm is an offence under section 33 of the Crimes Act 1900 ‘Act ‘pursuant to wounding or causing grievous bodily harm with intent. A person is guilty of the offence if they wound or cause grievous bodily harm to any person with intent. This is a serious charge carrying a maximum […]Continue reading
