Going to Court? Book Your Free First Appointment

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:

  1. You received, disposed of or attempted to dispose of property,
  2. The property was a motor vehicle or part thereof or vessel or part thereof,
  3. The property had been stolen,
  4. You knew the property had been stolen, and
  5. 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:

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

What Our Clients Say SEE ALL

  • ★★★★★

    The case and AVO dismissed

    I highly recommend Lawyer Lingwei Kong! Case and AVO dismissed. I originally consulted a female…

  • ★★★★★

    Extremely experienced and handle everything with great professionalism

    Lingwei Kong was extremely experienced and handle everything with great professionalism. He has been an…

  • ★★★★★

    Demonstrated a deep understanding of the law and a clear strategy for my defence

    I couldn't have asked for better legal representation than what I received from Ash today.…

  • ★★★★★

    Excellent advice from the initial consultation

    Rachel was very professional and provided me with excellent advice from the initial consultation through…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)