Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.2 - Money laundering  

Division 400 - Money laundering  

SECTION 400.10   Mistake of fact as to the value of money or property  

(1)    

A person is not criminally responsible for an offence against section 400.2B , 400.3 , 400.4 , 400.5 , 400.6 , 400.7 or 400.9 (other than an offence against a proceeds of general crime offence provision) in relation to money or property if:

(a)    at or before the time of dealing with the money or property, the person considered what was the value of the money or property, and was under a mistaken but reasonable belief about that value; and

(aa)    

in a case where the dealing continued during a period - the person had that belief throughout that period; and

(b)    had the value been what the person believed it to be, the person ' s conduct would have constituted another offence against this Division for which the maximum penalty, in penalty units, is less than the maximum penalty, in penalty units, for the offence charged.

Example:

Assume that a person deals with money or property that is the proceeds of indictable crime. While the person believes it to be proceeds of indictable crime, he or she is under a mistaken but reasonable belief that it is worth $90,000 when it is in fact worth $120,000.

That belief is a defence to an offence against subsection 400.4(1) (which deals with money or property of a value of $100,000 or more). However, the person would commit an offence against subsection 400.5(1) (which deals with money or property of a value of $10,000 or more). Section 400.14 allows for an alternative verdict of guilty of an offence against subsection 400.5(1) .

Note:

A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3) ).

(1A)    

A person is not criminally responsible for an offence against a proceeds of general crime offence provision that relates to engaging in conduct in relation to money or property if:

(a)    at or before the time of engaging in the conduct, the person considered what was the value of the money or property, and was under a mistaken but reasonable belief about that value; and

(b)    in a case where the conduct continued during a period - the person had that belief throughout that period; and

(c)    had the value been what the person believed it to be, the person ' s conduct would have constituted another offence against this Division for which the maximum penalty, in penalty units, is less than the maximum penalty, in penalty units, for the offence charged.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) ).

(2)    
A person may be regarded as having considered what the value of the money or property was if:

(a)    he or she had considered, on a previous occasion, what the value of the money or property was in the circumstances surrounding that occasion; and

(b)    he or she honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.