AI Summary of 11. Presumptions and other matters.
This section delineates the concept of "specified conduct" concerning property related to criminal activity. It encompasses acts such as concealing property or transferring ownership, and establishes a presumption that an accused knew or recklessly disregarded whether the property was illicitly obtained if reasonable grounds exist to believe so.
Furthermore, the provision outlines circumstances that infer the property is criminal proceeds, including disproportionate value compared to the accused's income, transactions that lack transparency, and concealment without reasonable explanation. The framework ensures that proving property as proceeds of crime does not necessitate identifying specific offences or offenders.
11. Presumptions and other matters.
(1) In this section "specified conduct" means any of the following acts referred to in section 7(1) (including section 7(1) as applied by section 8 or 9):
(a) concealing or disguising the true nature, source, location, disposition, movement or ownership of property, or any rights relating to property;
(b) converting, transferring, handling, acquiring, possessing or using property;
(c) removing property from, or bringing property into, the State or a place outside the State.
(2) In proceedings for an offence under section 7, 8 or 9, where an accused has engaged, or attempted to engage, in specified conduct in relation to property that is the proceeds of criminal conduct, in circumstances in which it is reasonable to conclude that the accused -
(a) knew or believed the property was the proceeds of criminal conduct, or
(b) was reckless as to whether or not the property was the proceeds of criminal conduct,