Receiving Stolen Motor Vehicles or Parts
Receiving Stolen Motor Vehicles or Parts is an offence under section 188(1)(a) of the Crimes Act 1900, which carries a maximum penalty of 12 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You received, disposed of or attempted to dispose of property
- The property was a motor vehicle or part thereof or vessel or part thereof
- The property had been stolen
- You knew the property had been stolen, and
- The stealing amounted to a serious indictable offence
A ‘motor vehicle’ is defined as:
Any vehicle built to be propelled by a motor that forms part of the vehicle.
A ‘vessel’ is defined as:
A water craft of any description used or capable of being used as a means of transportation on water.
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:
- Duress
- Necessity, and
- Claim of right, which means you genuinely believed you were legally entitled to the property.
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