What are the defence options for money laundering and proceeds of crime charges?
Defence options for money laundering and proceeds of crime charges include putting the prosecution to proof, which means making the prosecution establish each of the essential elements (or ingredients) of the offence beyond a reasonable doubt, as well as defending the case on the basis that a general legal defence such as duress, mental health or claim of right – which the prosecution must disprove if raised.
There are also specific defences and exceptions that apply to many money laundering and proceeds of crime charges, which require the defence to establish on the balance of probabilities that a state of affairs which excuses the otherwise unlawful conduct exists.
A person must be found not guilty if the prosecution is unable to prove every essential element of a money laundering or proceeds of crime offence, or if it is unable to disprove a general legal defence, or if a specific legal defence applies.