Crime and Cryptocurrency in Australian Courts

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.