Australian courts may be unduly harsh on criminals using crypto

Courts may be biased against criminals who have used cryptocurrencies and dub it a “marker of sophistication in crime”.

Australian criminals who perpetrate crimes involving cryptocurrencies and digital assets are likely to get stiffer sentences, a new study by Melbourne’s RMIT University indicates.

The case study examined 59 criminal trials between 2013 and 2022.

All of the cases were held in Australian courts and involved various offenses, from drug money to commercial trafficking.

In researching attitudes towards criminals who had used cryptocurrencies to facilitate their crimes, the co-author of the study Lisanne Adam said that there was a clear tendency to see harsher sentences handed down to the offenders.

This most likely has to do with the fact that the use of cryptocurrency already shows “sophisticated element of criminal behavior.

“One reason for this is that cryptocurrency is the only method of payment on dark web marketplaces and sentencing judges are keen to send a message to deter potential offenders”, Adam argued.

The reasons why criminals gravitate towards cryptocurrencies are clear. Cryptocurrencies provide offenders with relative safety and anonymity although this may be coming to an end, as authorities are quickly catching up.

Regardless, the trend in Australian courts is clear, as jurisprudence now punishes criminals associated with crypto more severely.

Meanwhile, Adam argued that courts still have a lot of catching up to do to adapt to the changing nature of how cases need to be trialed – especially those involving cryptocurrencies.

She also warned that the said “marker of sophistication in crime” can also be chalked down to personal bias by courts or judges towards a crime. This is not always the case, the co-author argued.

Essentially, law enforcement needs to look at the definition and see whether it applies in every case involving cryptocurrencies in any capacity. Chances are – it does not.

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Written by Barney

Co-founder

Barney is co-founder of CryptoGamblingNews.com. When not at work he can usually be found behind a Nikon. He's won numerous international competitions for his photography and volunteers as a content creator for aid organisations in Africa.

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