Receiving stolen property is a serious criminal offence in NSW, carrying significant penalties including imprisonment. Under section 188 of the Crimes Act 1900 (NSW), a person can be charged with receiving stolen goods if they accept or receive property that was stolen in a manner amounting to a serious indictable offence.

To be found guilty, the prosecution must prove beyond reasonable doubt that the accused received the property, the property was stolen, and the accused knew the property was stolen. This article will provide a comprehensive overview of the offence of receiving stolen goods in NSW, including the elements of the offence, available defences, penalties, and important considerations for those facing charges.

Elements of the Criminal Offence of Receiving Stolen Goods under NSW Criminal Law

The offence of receiving stolen property is a serious crime under NSW law. To understand the charges, it’s essential to grasp the legal components that constitute this offence.

Definition and Legal Framework

Section 188 of the Crimes Act 1900 (NSW) outlines the offence of receiving stolen property. It states that a person who receives, disposes of, or attempts to dispose of any property, knowing it to have been stolen, is guilty of a serious indictable offence if the stealing of that property amounts to a serious indictable offence.

The law distinguishes between serious and minor indictable offences based on the severity of the stealing. A serious indictable offence is one that carries a maximum penalty of five years imprisonment or more, while a minor indictable offence has a lower maximum penalty.

What Constitutes “Knowing or Believing”

A critical element for a conviction is proving that the accused knew or believed the property was stolen when they received it. Mere suspicion is not enough; the prosecution must demonstrate that the accused actually accepted the truth that the property was stolen.

In the case of R v Raad [1983], the court held that the prosecution had to prove the defendant genuinely believed the property was stolen in the sense that they accepted it as the truth. Deliberately closing one’s eyes or having a mere suspicion was deemed insufficient.

This mental element is crucial, as it distinguishes the offence from the less serious crime of goods in custody, where the prosecution only needs to show that a reasonable person would have suspected the property was stolen.

Evidence in Receiving Stolen Property Cases

In receiving stolen property cases, prosecutors must establish their case beyond reasonable doubt through various forms of evidence. The type and strength of evidence presented can significantly impact the outcome of the case.

Direct vs Circumstantial Evidence

Direct evidence provides immediate proof of receiving stolen property without requiring inference. This may include surveillance footage showing the accused accepting stolen items or witness testimony directly observing the transaction. For example, CCTV footage capturing someone accepting goods they knew were stolen would constitute direct evidence.

Circumstantial evidence requires the court to make logical inferences about the accused’s involvement. This could include possession of items recently reported stolen, selling goods at unusually low prices, or suspicious documentation around the acquisition of property.

Recent Possession Doctrine

The recent possession doctrine is a legal principle that allows courts to infer guilt when someone is found with stolen property soon after a theft occurs. This doctrine operates on the premise that possession of recently stolen property, without a reasonable explanation, suggests the person either stole the items or received them knowing they were stolen.

The strength of this inference depends on factors like the time elapsed since the theft, the nature of the goods, and whether the accused can provide a credible explanation for possessing them. For instance, being found with expensive electronics reported stolen the previous day would require a convincing explanation of how they were legitimately acquired.

Common Scenarios and Red Flags 

Receiving stolen property often occurs in predictable patterns and situations that should raise immediate concern. The value of stolen goods can range from minor items to expensive motor vehicles or vessel parts, with penalties varying accordingly.

Purchasing items at unusually low prices from unofficial sellers should trigger caution. For instance, being offered a new smartphone for a fraction of its retail price, especially without original packaging or documentation, strongly suggests the item may be stolen.

Online marketplaces and social media platforms have become common venues for selling stolen goods. Sellers who are unwilling to provide proof of purchase, refuse to meet at safe locations, or pressure for quick cash transactions often indicate potential criminal activity.

Certain items commonly appear in receiving stolen property cases:

• Electronics (phones, laptops, tablets)
• Motor vehicles and vehicle parts
• Jewellery and watches
• Designer clothing and accessories
• Construction equipment and tools

Business owners must be particularly vigilant when acquiring second-hand goods or stock from new suppliers. Proper documentation, including receipts and serial numbers, should be obtained and verified for all purchases.

Signs that property may be stolen include:

• Missing or tampered serial numbers
• Damaged or removed security tags
• Multiple items of the same type being sold
• Seller’s unwillingness to provide contact details
• Pressure to complete the transaction quickly
• Cash-only demands
• Prices significantly below market value

The law requires buyers to exercise reasonable diligence in ensuring purchased items are legitimate. Wilful blindness or deliberately avoiding asking questions about suspicious circumstances does not protect against criminal charges.

Available Defences for Receiving Stolen Property

When facing charges of receiving stolen property in NSW, there are several potential legal defences that an accused individual may rely on, depending on the specific circumstances of their case. These defences aim to challenge the prosecution’s case and establish reasonable doubt about the accused’s guilt.

Challenging the Elements of the Offence

One primary defence strategy is to dispute the prosecution’s claims regarding the essential elements of the offence. To secure a conviction, the prosecution must prove beyond reasonable doubt that:

1. The property was stolen;
2. The accused received or disposed of the property; and
3. The accused knew or believed the property was stolen at the time of receiving it.

By challenging any of these elements, the defence may cast doubt on the prosecution’s case. For example, the defence may argue that:

• The property was not actually stolen;
• The accused did not receive or dispose of the property; or
• The accused did not have knowledge or belief that the property was stolen.

If the defence can successfully raise reasonable doubt about any of these elements, it may lead to an acquittal or reduced charges.

Defences of Necessity and Duress

In some cases, the defences of necessity and duress may be applicable to charges of receiving stolen property. These defences argue that the accused acted under extreme circumstances that left them with no reasonable alternative.

Necessity may be argued if the accused received stolen property to prevent serious harm or danger to themselves or others. For example, if an individual received stolen goods to pay off a debt to protect their family from violence, they may raise the defence of necessity.

Duress involves situations where the accused was threatened or coerced into receiving stolen property against their will. If the accused can demonstrate that they faced imminent danger and had no reasonable opportunity to escape or seek help, duress may be a viable defence.

Penalties and Aggravating Factors

The penalties for receiving stolen property in NSW can be severe, depending on the circumstances of the offence and the value of the stolen goods. Factors that may aggravate the severity of the sentence include the nature of the property, the offender’s criminal history, and the level of planning involved in the crime.

Maximum Penalties

Under section 188 of the Crimes Act 1900 (NSW), the maximum penalties for receiving stolen property are:

• Imprisonment for 12 years if the property is a motor vehicle, motor vehicle part, vessel, or vessel part
• Imprisonment for 10 years for any other property

However, if the matter is dealt with summarily in the Local Court, the maximum penalty is 2 years imprisonment and/or a fine of 11,000 where the value of the property exceeds 5,000. For property valued at 5,000 or less, the maximum penalty in the Local Court is 2 years imprisonment and/or a fine of 5,500.

Aggravating Factors

When determining an appropriate sentence for receiving stolen property, the court will consider various aggravating factors that may increase the severity of the punishment. These include:

• The value of the stolen property: Higher value items generally attract harsher penalties.
• The offender’s criminal history: Prior convictions, especially for similar offences, can lead to more severe sentences.
• The level of planning and sophistication involved in the offence: Premeditated and well-organised crimes are treated more seriously than opportunistic offences.
• The nature of the stolen property: Receiving stolen essential items, such as medical equipment, may be viewed as more serious than luxury goods.
• The impact on the victim: If the theft caused significant financial or emotional harm to the victim, this can be an aggravating factor.

For example, an offender with a history of receiving stolen property who knowingly purchased a high-value stolen vehicle as part of an organised crime ring would likely face a harsher penalty than a first-time offender who received a stolen phone from a friend without fully understanding the circumstances.

Conclusion

Receiving stolen goods in NSW is a serious offence that carries significant legal consequences, from fines to lengthy imprisonment terms. The law aims to discourage the market for stolen goods by imposing stricter penalties on receivers than on thieves themselves,   that without receivers, there would be less incentive for theft.

The prosecution must prove several key elements beyond reasonable doubt to secure a conviction, including that the property was stolen, the accused received or disposed of it, and they knew it was stolen at the time. Understanding these elements and seeking immediate legal representation is crucial for anyone facing charges of receiving stolen property.

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