Receiving Stolen Property is contained in section 188 of the Crimes Act 1900 (NSW) which states:
“(1) Whosoever receives, or disposes of, or attempts to dispose of, any property, the stealing whereof amounts to a serious indictable offence, knowing the same to have been stolen, shall be guilty of a serious indictable offence, and may be indicted, either as an accessory after the fact, or for a substantive offence, and in the latter case whether the principal offender has been previously tried or not, or is amenable to justice or not, and in either case is guilty of an offence”:
The nature and elements of the offence of receiving stolen property were considered in R v Raad  3 NSWLR 344 wherein the court held that the prosecution had to prove that the defendant actually believed the property was stolen in the sense that they accepted the truth that it was stolen. Mere suspicion was not sufficient.
Receiving stolen goods can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or
Can be punished in the District Court with a prison sentence of up to 12 years if:
(a) the property is a motor vehicle or a motor vehicle part, or a vessel or a vessel part; or
(b) in the case of any other property, to imprisonment for 10 years.
Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
In NSW, a court can impose any of the following penalties for a Receiving stolen goods charge of:
Since Receiving stolen goods is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the following matters beyond reasonable doubt being that:
Thus, to establish Receiving stolen goods,
Some of the possible defences available can include:
For Receiving Stolen Goods, Rep-Revive Criminal Lawyers® offers the following options:
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