Receiving Stolen

Property Offences

Lawyers NSW

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.

 

 

 

TESTIMONIALS

“I cannot begin to thank Paul for his tireless efforts with my case. Would recommend them anybody with a criminal matter their clear communication and expert advice got me my best possible outcome”

 

—  Casey, Nurse

    Sutherland

No material on this website, including but not limited to documents, articles, general written and visual information should be interpreted as relevant or accurate legal advice for any individual or specific situation. The written content, images and external links are of a general nature and should not be relied upon to apply to any specific set of circumstances. Professional and legal advice is only provided by Lawyer Call following the acceptance by a client of the Client Services Agreement, and the payment of the required fees into Trust.

Liability limited by a scheme approved under Professional Standards Legislation