Receiving Stolen Property

Receiving Stolen Property is an offence under section 188(1)(b) of the Crimes Act 1900, which carries a maximum penalty of 10 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 serious indictable offence.

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.
Going to Court? (02) 9261 8881

Menu

APPOINTMENT BOOKING

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

Your Review & Rating
* mandatory fields

Review Text *
Rating (optional)