Who are the receivers of stolen property or goods? They operate in the shadows, profiting from the misfortune of others. Receivers of stolen property are a vital cog in the criminal machine. While the thief grabs the headlines, receivers provide the crucial outlet, turning stolen goods into cash and fueling further criminal activity.
The good news is that there are laws and penalties for such criminals under the Crimes Act 1900. This article will outline legal provisions that punish receivers of stolen property or goods.
Section 187: Legal Definition of Stealing
Section 187 clarifies the definition of “stealing” used in Sections 188 and 189 of the Crimes Act 1900 (NSW). In simpler terms, it tells us what constitutes “stealing” for the purposes of these specific sections dealing with receiving stolen goods.
This section about receivers of stolen property or goods expands the traditional understanding of stealing. In turn, it will encompass actions beyond just taking something. It includes:
- Taking: This is the most straightforward meaning, where you remove someone’s property from their possession without permission.
- Extortion: This involves obtaining property through threats or intimidation.
- Obtaining: This refers to acquiring property by deception or fraud.
- Embezzlement: This is the misuse or misappropriation of property entrusted to you.
- Otherwise disposing of: This covers any other way someone might steal property, even if it doesn’t fall neatly into the categories above.
Section 188: Receiving Stolen Property
Have you ever been offered a deal that seemed too good to be true? If so, Section 188 of receivers of stolen property or goods is important to understand. This section tackles the crime of receiving stolen property, specifically when the original theft is a serious offence.
To emphasize, if you knowingly receive, dispose of, or even attempt to dispose of stolen property, you can be charged with a serious crime under Section 188. This section applies when the original theft itself is a major offence, punishable by at least 5 years in prison. This covers a wide range of thefts, not just grand larceny.
Undeniably, the consequences are significant. You could face up to 12 years imprisonment if the stolen item is a motor vehicle, motor vehicle part, vessel, or vessel part. For any other stolen property, the maximum penalty is 10 years behind bars.
Section 189: Receiving Etc Where Principal Guilty of Minor Indictable Offence
Section 189 of receivers of stolen property or goods protects you from unknowingly receiving stolen goods. This section applies when someone:
- Takes possession of stolen property.
- Sells, throws away, or otherwise gets rid of stolen property.
- Tries to sell, throw away, or otherwise get rid of stolen property, even if unsuccessful.
Section 189A: Receiving Etc Goods Stolen Out of New South Wales
Section 189A of receiving stolen property or goods tackles receiving stolen property. However, there’s a twist: the original theft can occur anywhere outside of New South Wales. This means that even if the goods cross state lines, you can still be accountable under NSW law. Here’s the breakdown:
- The Crime: If you knowingly receive, dispose of, attempt to dispose of, or even possess stolen property originating from outside NSW, the court can charge you with a Section 189A violation.
- No State Borders: It doesn’t matter where the theft happened. As long as you’re in NSW and involved with stolen goods, this section applies.
- Defining “Stolen”: The act considers something stolen if, under NSW law, the act of acquiring the property would be considered a crime in NSW.
- Exceptions: There’s a small loophole. If the place of the commission of the act (e.g. acquiring of the property) does not consider it as illegal in the place, they cannot charge you under Section 189A. However, this exception is narrow.
- Penalty: The consequences are serious. You could face up to ten years imprisonment for dealing with stolen goods, regardless of their origin.
Section 189B: Prosecution Under Section 188 or 189 Where Property Stolen in Course of Transmission
Section 189B of receivers of stolen property or goods state that even if the theft itself took place outside NSW, while the goods were still in transport (between NSW and another state/territory), they cannot charge you under NSW law.
This section applies specifically when they catch you with stolen property in NSW, but the commission of the theft was the goods were in transit between jurisdictions. Even though the theft took place elsewhere, they can convict you of receiving stolen goods under NSW law. No need to prove the theft itself took place in NSW.
To determine if it’s a serious or minor offence (referencing Sections 188 & 189), the law considers the theft as if it happened in NSW.
Section 190 and 191: Receiving Etc Cattle Unlawfully Killed, or Carcass Etc
Section 190 of receivers of stolen property or goods cracks down on those dealing in stolen livestock. It goes beyond simply receiving stolen cows or sheep – it targets the entire criminal chain. Here’s the rundown.
This section applies if you knowingly receive any animal that was unlawfully killed with the intent to steal its parts (carcass, skin, etc.). It also covers receiving, disposing of, or even attempting to dispose of any part of an animal you know was either stolen or illegally killed.
The law treats this offence seriously. The prosecution can charge you with a serious indictable offence. Moreover, you might also face the same penalties as if you had stolen the animal yourself.
Section 191 of the NSW Crimes Act (1900) throws a wrench into a potential defense for those accused of receiving stolen livestock under Section 190. If you’re on trial for receiving a stolen animal, you might think you can walk free if the authorities can’t pinpoint its exact age or sex.
As long as they can prove the animal belongs to the species listed in the charges (cow, sheep, etc.), it doesn’t matter if they can’t tell you if it was a young bull or an old mare. The prosecution can still convict you.
Click here tor ead our article about the offence of stealing cattle.
Section 192: Receiving Material or Tools Entrusted for Manufacture
Section 192 of receivers of stolen property or goods tackles a hidden aspect of receiving stolen goods – embezzled materials for crafting. Here’s why:
This section goes beyond stolen objects like TVs or jewelry. It applies when you receive any materials, tools, or equipment where you had knowledge that the mode of acquisition of these objects were through embezzlement (like in Section 151) or other fraudulent means.
Imagine receiving a suspiciously cheap batch of leather for making wallets, knowing that it is a product of embezzlement from a factory. Section 192 applies here. Don’t let a potential bargain fool you. This is a crime, and the sentence of imprisonment can be up to four years imprisonment for knowingly receiving embezzled crafting supplies.
Section 192A: Verdict Where Several Persons Are Indicted for Jointly Receiving
Section 192A of receivers of stolen property or goods deals with a scenario where multiple people are accused of jointly receiving stolen goods. Imagine two friends – one buys a stolen phone, the other unknowingly receives a stolen watch from the same source.
Section 192A ensures the conviction of both offenders even if they didn’t necessarily act together. As long as evidence shows each received a part of the stolen goods, they can be held individually accountable.
See also: Crimes Act Victoria: Theft and Handling Stolen Goods | JB Solicitors
Reporting Receivers of Stolen Property or Goods
Victims of stolen property or goods can find the legal support they need by consulting with experienced criminal lawyers. JB Solicitors specialise in handling theft and property-related crimes. Our lawyers offer personalised guidance and comprehensive legal strategies to protect victims’ rights and interests.
Don’t hesitate to reach out to us and get back your stolen property.
