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Receiving stolen property
Generally, receiving stolen property offences are dealt with in the Local Court, before a magistrate.
Plead not guilty:
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- You received or disposed of or attempted to dispose of property;
- That was stolen;
- And the stealing amounted to a serious indictable offence/minor indictable offence; and
- You did so knowing that the property had been stolen, meaning you had actual knowledge the property was stolen.
It is important to note that the prosecution must prove beyond reasonable doubt that you KNEW the property was stolen, and did not just suspect it.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
What is the penalty for Receiving Stolen Property?
If it is your first offence of Receiving Stolen Property, you will have a good chance at getting a Section 10. Whilst the offence is not considered as a trivial one, a magistrate sentencing you for this offence will usually be open to a Section 10 argument.
The offence of Receiving stolen property carries a maximum penalty of $5,500.00 and/or 1 year imprisonment in the Local Court and a maximum penalty of 3 years imprisonment in the District Court if the stealing is the consequence of a minor indictable offence. Where the stealing is the consequence of a serious indictable offence, the maximum penalty is $5,500.00 and/or 1 year imprisonment in the Local Court and a maximum penalty of 10 years imprisonment in the District Court. However, Receiving stolen property is an offence sometimes dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty and you will have no criminal record. To find out more about a section 10, click here.
Generally, penalties that a court can impose for any criminal offence in NSW are:
- Section 10 – No conviction recorded
- Section 9 – Good behaviour bond
- Community service order
- Section 12 – Suspended sentence
- Intensive correction order
- Home detention
- Prison sentence
Our client was charged with Receiving stolen goods. The police alleged that our client purchased electronic goods and clothing from a person in a car park. Our client admitted to police that she got the goods from a person selling them out of a truck in a car park. There was evidence that similar type clothing and electronic goods (cameras) were stolen from a warehouse months before, however the Police could not prove that the goods that our client had were from the same place as those goods stolen from the warehouse. It was clear to our team that the Police had chosen the wrong charge. The more appropriate charge would have been ‘goods in custody, reasonably suspected of being stolen’. However, by the time the Police realised this, the 6 month deadline to lay that charge had expired.
The charges were dismissed at Campbelltown Local Court in August 2012.
The goods were returned to our client.
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