Receiving Stolen Mail Receptacles, Articles or Postal Messages

Receiving stolen mail receptacles, articles or postal messages is an offence under section 471.2 of the Criminal Code Act 1995 (Cth), 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 stolen property
2. You did so dishonestly, and
3. You knew or believed the property was stolen.

‘Stolen property’ encompasses:

1. Original stolen property, and
2. Tainted property.

‘Original stolen property’ is that which is:

1. Appropriated in the course of an offence under section 471.1, and
2. In the possession or control of the person who appropriated it.

Section 471.1 contains the offence of theft of mail receptacles, articles or postal messages, which requires the prosecution to prove beyond reasonable doubt that a person:

1. Appropriated a mail receptacle, an article in the course of post or a postal message
2. Did so dishonestly, and
3. Intended to permanently deprive another person of the item.

An item ceases to be original stolen property after:

1. It is restored to the person from whom it was appropriated or to another person with lawful possession or custody, or
2. The person from whom it was appropriated, or another person, ceases to have any right to restitution in respect of it.

‘Tainted property’ is that which is:

1. In whole or part the proceeds of selling or exchanging original stolen property, and
2. In the possession or custody of the person who appropriated the original stolen property.

‘Dishonesty’ is assessed according to the standards of ordinary people.

Duress and necessity are defences to the charge.