5

The Thin Blue Line's Information Section

 

Home page

 

 

 

The little corner

CRIMES ACT 1914

The Blue Bar of the Law

CRIMES ACT 1914 SECT 50DA

50DA Benefiting from offence against this Part
(1)
A person contravenes this section if:
(a)
the person does an act, or makes an omission, whether within or outside Australia, with the intention of benefiting, whether financially or not, from conduct of a kind that would constitute an offence against this Part; and
(b)
the act or omission is reasonably capable of resulting in the person benefiting from such conduct;

whether or not that conduct in fact occurs or has occurred.

Penalty: Imprisonment for 17 years.

(1A)
Absolute liability applies to paragraph (1)(b).
Note: For absolute liability , see section 6.2 of the Criminal Code .
(1B)
In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the conduct mentioned in paragraph (1)(a) would be of a kind that would constitute an offence against this Part.
(2)
An example of an act covered by paragraph (1)(b) is profiting from an arrangement that facilitates an offence against this Part.
Another little corner