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Receiving Stolen Property Where Stealing Was a Minor Indictable Offence

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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:

  1. You received, disposed of or attempted to dispose of property,
  2. The property had been stolen,
  3. You knew the property had been stolen, and
  4. 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:

  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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