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What is Receiving Stolen Property?

Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any goods knowing the same is stolen commits the crime of receiving stolen property.

The Law

Section 188 of the Crimes Act 1900 (NSW) states:(1) Whosoever receives, or disposes of, or attempts to dispose of, any property, the stealing whereof amounts to a serious indictable offence, knowing the same to have been stolen, shall be guilty of a serious indictable offence, and may be indicted, either as an accessory after the fact, or for a substantive offence, and in the latter case whether the principal offender has been previously tried or not, or is amenable to justice or not, and in either case is guilty of an offence.

Jurisdiction

An offence of Receiving Stolen Goods with a value that exceeds $5000 is what is known as a Table 1 offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is made for trial on indictment by the Department of Public Prosecutions (DPP) or the accused.

The offence is a Table 2 offence where the property does not exceed $5000 which means it is to be dealt with in the Local Court unless an election is made for trial on indictment by the Department of Public Prosecutions (DPP).

At common law receiving is comprised of the following three elements:

  • The property must be stolen. That is to say, the property has not returned to the possession of the person from whom it was stolen.
  • It must be proved in evidence that the defendant took possession, not merely custody of the goods.
  • The defendant must have/had the belief that the property was stolen.
  • The nature and elements of the offence of receiving stolen property were considered in R v Raad (1983) 3 NSWLR 344 wherein the court held that the prosecution had to prove that the defendant believed the property was stolen in the sense that they accepted the truth that it was stolen. Mere suspicion or deliberate ‘closing of the eyes’ was not sufficient.

What must the prosecution prove?

Since Receiving Stolen Goods is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Receiving Stolen Property, the prosecution must prove each of the following matters beyond reasonable doubt:

  • That you accepted or received property;
  • That property was stolen;
  • The property was stolen in a manner that amounted to a serious indictable offence; and
  • You knew the property was stolen.

If you are charged with the offence of Receiving Stolen Property, what are your options?

National Criminal Lawyers (NCL) have been successful in defending a number of Receiving Stolen Goods charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Receiving Stolen Goods:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn and/or obtaining the least restrictive penalty available.

This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can ensure the evidence is not only obtained properly, but also that your case is prepared and presented to the highest best practice standards possible.

This is also done without breaking your pocket.

2. How a Senior Defence Lawyer can HELP YOU deal with criminal charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience, you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights.

For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights.

This is true not only when the police have just simply got it wrong, OR if they have got it right, then we can speak with you and make sure you get the best result available.

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