Charged with receiving or disposing of stolen property?
NSW law creates offences for receiving, disposing of or attempting to dispose of stolen property while knowing it was stolen. ED Legal provides advice and court representation for receiving offences across Sydney and NSW.
These matters can arise from vehicles, parts, electronics, cash, tools and other property. The prosecution may rely on possession, purchase circumstances, messages, account records, identification evidence or alleged admissions to prove knowledge.
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How we can help you
We can review the property evidence, police search material, messages, purchase records, registration or ownership documents and statements and explain the particular receiving offence alleged.
We can advise before a police interview, assess knowledge and possession issues, make representations where appropriate and prepare the matter for hearing or sentence.
After a search or police contact
If police have seized property or want to interview you, obtain legal advice before deciding whether to participate. Keep any search warrant, property receipt and Court Attendance Notice.
Preserve receipts, marketplace messages, bank transfers, account records and other material showing how the property was acquired or dealt with. Do not alter or dispose of potential evidence.
Understanding receiving offences
Sections 188 and 189 of the Crimes Act 1900 (NSW) deal with receiving, disposing of or attempting to dispose of stolen property while knowing it to have been stolen. The applicable offence and maximum penalty depend on the underlying stealing offence and the type of property.
Knowledge that property was stolen
Knowledge is a central issue. Suspicious circumstances may form part of the prosecution case, but the prosecution must prove the mental element required by the offence beyond reasonable doubt.
Motor vehicles and other property
Under section 188, where the stealing amounts to a serious indictable offence, receiving or disposing of a stolen motor vehicle, motor-vehicle part, vessel or vessel part carries a maximum penalty of 12 years imprisonment. Other property under that section carries a maximum of 10 years.
Other receiving offences
Section 189 provides a separate offence where the principal stealing offence is a minor indictable offence, with a maximum penalty of 3 years imprisonment. Other provisions deal with property stolen outside NSW and related situations.
Defending a receiving stolen property charge
A defence may involve disputing possession or control, whether the property was stolen, whether the accused knew it was stolen, identity or participation in an alleged disposal.
Evidence of an ordinary purchase, payment, communications with a seller or steps taken to verify ownership can be relevant to the prosecution case on knowledge.
Where property is located in a shared home, vehicle or storage area, access by multiple people can be important when assessing possession or control.
Receiving offences are distinct from the original stealing offence. The prosecution does not need to prove that the accused was the person who originally stole the property.
Deciding how to respond at court
Get advice before entering a plea. If the charge is disputed, we can prepare the matter for hearing and consider whether representations should be made about the offence or police facts.
If you intend to plead guilty, the value and nature of the property, your role, any recovery or restitution and the agreed facts can affect sentence.
Related charges and bail
Receiving allegations can occur alongside stealing, break and enter, fraud or proceeds-of-crime charges. Each offence should be analysed separately and as part of the overall case.
Tell us immediately if you are in custody or subject to bail conditions that require urgent advice.
Sentencing for receiving offences
Sentencing depends on the particular section, nature and value of the property, degree of involvement, sophistication, prior history and personal circumstances. Motor vehicles and other serious-indictable-offence property can attract substantial maximum penalties.
Preparing to speak with a lawyer
Tell us the exact charge, the property involved, the court and next date, and how police say the property came into your possession. Preserve receipts, messages, bank records and search documents.
For advice about a receiving stolen property charge, contact ED Legal for a free initial consultation. You can also review our Stealing & Larceny and Fraud pages.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
