Receiving Stolen Property Where Stealing Was a Minor Indictable Offence
Receiving Stolen Property Where Stealing Was a Minor Indictable Offence is a crime under section 189 of the Crimes Act 1900, which carries a maximum penalty of 3 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 had been stolen
- You knew the property had been stolen, and
- The stealing amounted to a minor indictable offence
For the purposes of the offence, stealing includes:
‘taking, extorting, obtaining, embezzling, or otherwise disposing of property’.
A ‘minor indictable offence’ is one that can be referred to a higher court such as the District or Supreme Court, but carries a maximum penalty of less than 5 years in prison.
This generally relates to stealing offences which come with a maximum penalty.
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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