Title: Proceeds of Crime - Sanders Criminal Law
Headings: Proceeds of Crime
Proceeds of Crime
Content: Penalties
The maximum penalty for Possession of the Proceeds of Crime of a value in excess of $5,000.00 is 10 years’ imprisonment. Where the value does not exceed $5,000.00, the maximum penalty is 2 years’ imprisonment. In the case of Laundering the Proceeds of Crime, the maximum penalty is 10 years’ imprisonment, regardless of the amount. That said, there are no minimum penalties for any of these offences and as a practical matter, the penalty you’re facing will be substantially less than the statutory maximums. Your personal circumstances, particularly a lack of prior record factor in considerably, as of course do the circumstances of the offence. In the case of a sentence of less than 2 years, the issue will usually be one of whether the sentence will consist of “real jail” or a conditional sentence consisting of “house arrest”. These sentences are available where the sentence to be imposed is less than 2 years, where the offender does not present a danger to the public and where the “the purposes and principles of sentencing can be met” by the imposition of a conditional sentence. The sentencing judge has a considerable discretion in deciding whether or not to grant a conditional sentence. Common Defences
The facts of these cases vary widely and it is difficult to generalize as to common defences. Suffice to say that if you are simply charged with Possession of Proceeds of Crime the Crown must prove not only that the property was obtained by crime, but that you had possession of it (knowledge, consent and control) and, if possession is proven, that you either knew it was the proceeds of crime or suspected that it was proceeds of crime and chose not to inquire.