What is Receiving Stolen Property?
This is an offence that involves an accused person receiving, disposing or attempting to dispose property that at the time of possession, was known or believed to be stolen.
Receiving Stolen Property & The Law
Receiving Stolen Property is an offence under Section 188 of the Crimes Act 1900 (NSW).
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused received or disposed of property; or
The accused attempted to dispose of property; and
The property was stolen; and
The accused knew that the property was stolen, and did not simply suspect that it was stolen
Going to Court – “What am I looking at?”
Receiving stolen property carries a maximum penalty of $5,500 and/or 1 year imprisonment in the Local Court.
If the matter is one where the obtained stolen item is as a result of a minor indictable offence being committed, the matter will be sent to the District Court where the offence carries a maximum penalty of up to 3 years imprisonment.
If the matter is one where the obtained stolen item is as a result of a major indictable offence, the matter will be heard in the District Court where the offence carries a maximum penalty of up to 10 years.
While the implications of a conviction for such a charge can be significant, it is a charge that is quite often defended or dismissed on the basis of vague or ambiguous evidence, or when a larger matter consisting of other charges is not prosecuted further.
Police will often use this as a back-up charge to more serious theft charges, where there is insufficient evidence to show that theft or robbery occurred beyond a reasonable doubt.
It is highly recommended to speak to an expert Defence solicitor if you have been charged with this offence, for a clear explanation of the specific evidentiary rules on how this offence is applied and also defended on the particular Police Facts.
Lawyer Call – here to help..
Contact our experienced team of Defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and the best course to proceed when going to Court.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our Lawyer Call Defence Criminal solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the early plea of guilty, the value of the item, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Magistrate and obtain a more lenient sentence.