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Receiving Material or Tools Intrusted for Manufacture

Receiving Material or Tools Intrusted for Manufacture is an offence under section 192 of the Crimes Act 1900, which carries a maximum penalty of 4 years in prison.

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

  1. You received any good, article, material, tool or apparatus
  2. The item was for manufacturing, and
  3. You knew the item had been stolen, embezzled or fraudulently secreted.

An item had been ‘stolen’ if it was dishonestly taken from the owner with the intention of permanently depriving the owner of it.

There must have been some physical movement of the property and the intention to permanently deprive must have been be formed at the time of taking, rather than at some later time.

Property had been ‘embezzled’ if it had been delivered to, received or taken by a person other than the owner in a fraudulent manner.

For an act to be fraudulent, there must be proof that:

  1. The act was dishonest
  2. It involved a deception
  3. It created a financial advantage over another’s property, or caused another to incur a financial disadvantage, and
  4. The act was intentional or reckless.

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.

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