For offences under s 193C(1) of the Crimes Act 1900 (NSW), the Crown is not required to particularise the serious offence(s) from which the property was derived, consistently with the analogous position under s 400.9 of the Criminal Code (Cth). The statutory defence under s 193C(4) is entirely concerned with the accused's state of mind and does not require identification of the offence. Section 193C(3)(e) (disproportionality to income and expenditure) does not require the defendant to have been in actual possession of the property.
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