Receiving Stolen Property

Receiving Stolen Property is an offence under section 188(1)(b) of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You received, disposed of or attempted to dispose of property,
2. The property had been stolen,
3. You knew the property had been stolen, and
4. The stealing amounted to a serious indictable offence.

For the purposes of the offence, stealing includes:

‘taking, extorting, obtaining, embezzling, or otherwise disposing of property’.

A ‘serious indictable offence’ is one that carries a maximum penalty of at least 5 years in prison, which includes larceny and most stealing, extortion and embezzlement offences.

Defences to the charge include:

1. Duress,
2. Necessity, and
3. Claim of right, which means you genuinely believed you were legally entitled to the property.