Going to Court? Book Your Free First Appointment

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:

  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.

What Our Clients Say SEE ALL

  • ★★★★★

    These guys are #1 in Sydney for a reason

    Jason Koh was amazing throughout the whole process. I was kept updated from start to…

  • ★★★★★

    Preparing for court and he achieved the best result

    Fred Cao was so professional when dealing with my situation which is related to domestic…

  • ★★★★★

    I can not express my gratitude enough! You are amazing

    Can not recommend Mr Tuan Phan enough! He is very professional, honest and responsive. He…

  • ★★★★★

    Always ready to help gave us good advice

    Kent Park is very professional, always ready to help gave us good advice and really…

Going to Court? Call For Your Free First Appointment