<MoneyLab> Crime and Cryptocurrency in Australian Courts
Nancy Mauro-Flude
sister0 at dyne.org
Fri Jul 22 23:48:14 CEST 2022
Good Morning
Coming out by Aaron Lane and co from the Blockchain Innovation Hub
https://rmitblockchain.io/
Best wishes
Nancy
Crime and Cryptocurrency in Australian Courts
Lane, Aaron M. and Adam, Lisanne, Crime and Cryptocurrency in Australian
Courts (July 18, 2022). Monash University Law Review
July 18, 2022
Keywords: Bitcoin, Blockchain, Cryptocurrency, Criminal Procedure, Dark
Web, Digital Currency, Sentencing, Virtual Currency
Abstract
This article presents the findings of the first empirical study of
reported Australian case law involving Bitcoin and other
cryptocurrencies between 2009 and 2020. The initial dataset consists of
103 cases, with 59 criminal decisions and 44 other decisions. Focusing
on criminal proceedings, the study finds that cryptocurrency has been
considered in the context of bail, extradition, restraining orders,
trials and sentencing. Significantly, the study finds that the use of
cryptocurrency in the commission of an offence is seen by courts as a
factor that tends to increase the sophistication or seriousness of the
offence – becoming an aggravating factor in sentencing – and leads the
court to consider general deterrence above other sentencing purposes.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4166388
Nancy Mauro-Flude
-- Recent --
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