What the law states
Section 188 of the Crimes Act 1900 (NSW) states that:
(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 liable:
(a) if the property is a motor vehicle or a motor vehicle part, or a vessel or a vessel part, to imprisonment for 12 years, or
(b) in the case of any other property, to imprisonment for 10 years.
A serious indictable offence is an offence, the severity of which deems it necessary to be heard in a District Court or a higher court.
An accessory after the fact is a party to a crime who does not take part in the principal acts of the offence, however takes a part in (for example) disposing of evidence or driving a getaway car.
A substantive offence is the principal offence itself, that is, the offence of which an accessory after the fact assists with. In this case, the substantive offence is stealing.
Example of this offence
An example of this offence is a friend telling you they stole a whole box of mobile phones and selling one to you for $20. A further example is a friend of yours stealing a box of mobile phones and giving them to you to hide so he does not get caught.
Penalty
As the Act suggests, if the property is a motor vehicle or vessel, or any part of the two, the maximum penalty is imprisonment for 12 years.
If it is any other property, the maximum penalty is imprisonment for 10 years.
Defences
Some defences available to this offence include duress, and necessity. Also, if you don’t know that the goods are stolen you are not liable.
How can Prime Lawyers help you?
If you have been charged with Receiving Stolen Goods, our experienced criminal lawyers can advise you on whether it would be likely that you need to make out the defence. It often depends on the strength of the prosecution case and the surrounding circumstances.
We are often successful in convincing the police to withdraw the charge before it proceeds to a final hearing. Again, one of our criminal lawyers can advise you as to whether it would be appropriate under the circumstances to writing to the police on your behalf seeking withdrawal of the charge.