Proceeds of crime inc. money laundering (Sections 193B / 193C of the Crimes Act 1900)
The Criminal Assets Recovery Act 1990 provides for the confiscation of proceeds of crimes as a debt due to the Crown. This power can be used even if a criminal conviction has not been found. Further, a person may be summoned to appear before NSW Crime Commission to give evidence about proceeds of crime.
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Demand property in company with menaces with intent to steal – s 99 of the Crimes Act 1900
This is where a person unlawfully demands property from another person in a menacing way.The definition of menace has been considered in R v Butler [2012] ATSCC 124 at [33] as a being a threat “of such nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to accede unwillingly to the demand.”
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Break and enter – s 112 of the Crimes Act 1900
A break and enter occurs when the seal of a property is broken, before the property is entered. Breaking a seal involves compromising a property’s security by unlawfully entering the property when entry has been restricted. It does not matter if the property was left unlocked.
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Robbery in company – s 97 of the Crimes Act 1900
Two separate situations can constitute robbery in company: where you are accompanied by another person or Where you are armed with a dangerous or offensive weapon. (This is an aggravated form of the offence, which means that it is more serious than simply being accompanied by another person.)
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