In New South Wales (NSW), receiving or dealing with stolen goods is a serious criminal offence, especially when the original theft involves a serious indictable crime. This offence, commonly referred to as “receiving stolen property,” is defined under the Crimes Act 1900 and can carry significant penalties, including long-term imprisonment.

What Is Receiving Stolen Property?

Receiving stolen property occurs when a person knowingly receives, disposes of, or attempts to dispose of goods that have been stolen. According to Section 188 of the Crimes Act 1900 (NSW), this offence applies if the accused is aware—or has reasonable grounds to believe—that the property was stolen.

When Is the Offence Considered Serious?

The offence becomes particularly serious if the stolen items came from a theft that qualifies as a serious indictable offence—one punishable by five years or more in prison. In such cases, receiving the stolen goods is treated with the same gravity as the original offence.

Key Elements of the Offence

To secure a conviction, the prosecution must establish the following:

• Knowledge or Belief: The accused knew, or reasonably believed, that the goods were stolen.
• Receipt or Control: The accused received the goods, had control over them, or attempted to dispose of them.
• Connection to Serious Theft: The goods were stolen in the course of a serious indictable offence.

Penalties for Receiving Stolen Goods in NSW

The penalties for receiving stolen property are severe and depend on the type of property involved:

• General Cases: Maximum sentence of 10 years imprisonment.
• Motor Vehicles or Vessels: If the stolen item is a car, car part, vessel, or part of a vessel, the maximum penalty increases to 12 years.

Physical Custody vs. Control

It’s important to note that even if the accused doesn’t physically possess the stolen goods, simply having access or the ability to exercise control over them may be sufficient for a conviction.

Possible Legal Defences to Receiving Stolen Property

There are several defences that may apply if you’re charged with receiving stolen goods:

Lack of Receipt or Possession

A person can argue they never actually received or had control over the stolen goods.

Lack of Knowledge

A strong defence may be that the accused did not know the goods were stolen and had no reason to believe otherwise. The prosecution must prove this knowledge beyond a reasonable doubt.

Necessity or Duress

If the accused was forced to act under threats or coercion, or acted out of necessity to prevent harm, this may provide a legal justification.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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