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  • Crypto use an aggravating factor for sentencing: Aussie court study
    Crypto use an aggravating factor for sentencing: Aussie court study
    Offenders that use cryptocurrency for illegal activity in Australia are more likely to receive a tougher sentence. Criminals that used cryptocurrency as part of committing a crime are more likely to receive a tougher sentence in Australian courts, a new study has found. The study, titled “Crime and Cryptocurrency in Australian Courts” published on July 18 in the Monash University Law Review found that the use of cryptocurrency in criminal activity was seen as indicating an increased “degree of planning” and sophistication, leading the court to “consider general deterrence above other sentencing purposes.”“Obtaining and using cryptocurrency for payments does require a greater degree of technical skill compared to the general population which may be unfamiliar with these payments.”The study analyzed 103 cases presented to Australian courts between 2009 and 2020, with specific focus on 59 criminal cases and their sentencing procedures.Not so sophisticatedStudy authors, Dr Aaron Lane and Dr Lisanne Adam found that Aussie courts broadly perceive crypto use as being indicative of “technical sophistication” and “intentional obfuscation.”However, the pair argued that Aussie courts may be “too eager to adopt a relatively simplistic characterization” of crypto use in criminal activity, arguing that not all crypto use can signify the same level of sophistication.