Receiving Stolen Property
Our criminal lawyers have had great success in beating charges of Receiving stolen property because it requires the prosecution to prove that you knew the property was stolen, which is difficult for the police unless you have admitted it. The word knowing requires an actual belief on your part that the property was as distinct from having a mere suspicion. The prosecution also must prove that the property was stolen, which is often not easy.
If you intend to plead guilty, our criminal lawyers have a proven track record of not only keeping our clients out of jail but also in some cases having no conviction recorded.
How do I beat a charge of receiving stolen property?
You will be found not guilty of the offence of Receiving stolen property if the police cannot prove beyond reasonable doubt that:
- You received or disposed of or attempted to dispose of property;
- The property was stolen;
- The stealing amounted to a serious indictable offence/minor indictable offence; and
- You did so knowing the property had been stolen.
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.
Receiving stolen property carries a maximum penalty of $5,500.00 and/or two years 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 stealing is the consequence of a serious indictable offence, the maximum penalty is $5,500.00 and/or two years imprisonment in the Local Court and a maximum penalty of 10 years imprisonment in the District Court. If the property stolen is valued at less than $2,000.00 then the maximum fine a court can impose is $2,200.00. However, these penalties are typically reserved for the worst offenders.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. In most cases, a good character reference can reduce penalties imposed by the courts. Find out more about good references and court processes here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Receiving stolen property offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
Australian Criminal Law Group represented a man accused of receiving a stolen iPhone. The police used the find my phone application to trace the phone to his house. Our client pleaded not guilty, and at the hearing, he gave evidence that the phone was sold to him by a friend who said it was their old phone, which they no longer needed. The Magistrate found it could not be proved beyond reasonable doubt that our client knew the phone was stolen and found our client not guilty.
Australian Criminal Law Group represented a man charged with receiving a stolen iPhone. Our client had purchased the iPhone from the Facebook marketplace from a person that he did not know and was later found with it in his possession. The magistrate found that whilst our client made no enquiries as to where the phone came from, and there may have been some suspicion as to its origins, the police could not prove beyond reasonable doubt that our client knew the iPhone was stolen and dismissed the charge with a finding of not guilty.
Crimes Act 1900 No 40, Current version for 1 January 2022 to date (accessed 7 March 2022 at 21:52) https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040
This information is intended as a general guide to law only. It should not be relied on as legal advice, and it is recommended that you speak with a qualified lawyer about your situation.
Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group makes no warranties or representations as to its accuracy.