Crimes Act Victoria: Theft and Handling Stolen Goods

Theft and handling stolen goods are crimes punishable under the Crimes Act of Victoria. These actions harm individuals and businesses while destroying the sense of security within a community.

To learn more about the legal implications of theft and handling stolen goods, this article will discuss sections 88 to 93 of the Act which pertains to the following:

1. Handling stolen goods
2. Alternative charges of theft and handling stolen goods
3. Advertising rewards for return of goods stolen or lost
4. Scope of offences relating to stolen goods
5. Going equipped for stealing etc.
6. Search for stolen goods.
7. Procedure and evidence

READ: Theft Offences: Crimes Act 1958 Victoria

Handling Stolen Goods

Section 88 of the law determines when a person is considered to be “handling stolen goods.” The law states that a person handles stolen goods if knowing or believing them to be stolen goods he  or she dishonestly:

1. receives the goods or brings them into Victoria, 
2. undertakes or assists in bringing them into Victoria or 
3. in their retention, removal, disposal or realization by or for the benefit of another person, or 
4. if he arranges to do so.

PENALTY: The punishment for this offence is a level 4 imprisonment or 15 years (maximum).

However, there is an exception. If such person is a married woman and the person from whom she receives the goods is her husband, it shall not of itself constitute a defence to a charge under this section.

Alternative Charges of Theft and Handling Stolen Goods

What are the alternative charges of theft and handling stolen goods under this law? Section 88 provides that the jury must acquit the accused of handling stolen goods and find the accused guilty of theft. Thus, the accused is liable to punishment accordingly. 

These are the circumstances in which the court may impose an alternative charge:

1. If a charge for an offence of theft under section 74 and a charge for an offence of handling stolen goods under section 88 are joined in the same indictment as alternative charges and tried together; and
2. The jury are satisfied beyond reasonable doubt that the accused is either guilty of theft or guilty of handling stolen goods but are unable to agree on which offence the accused should be found guilty of.

Advertising Rewards for Return of Goods Stolen or Lost

Another relevant provision in relation to theft and handling stolen goods is section 89. Section 89 of the Act punishes the advertising of rewards for return of goods stolen or lost. A public advertisement offering a reward for the return of lost or stolen goods is punishable by law. 

This is so if it contains any language indicating that:

1. The advertiser will not ask any questions. 
2. The person presenting the goods will be safe from investigation or apprehension; or 
3. There will be a reimbursement for any money borrowed or paid for the goods.

SUMMARY CONVICTION: The person advertising the reward and any person who prints or publishes the advertisement shall on summary conviction be liable to a level 11 fine (5 penalty units maximum).

Scope of Offences Relating to Stolen Goods

What’s the scope of offences relating to stolen goods? Section 90 of the law states that the provisions relating to goods which have been stolen shall apply:

1. whether the stealing occurred in Victoria or elsewhere, and 
2. whether it occurred before or after the commencement of this Act, 

• provided that the stealing amounted to an offence where and at the time when the goods were stolen; and 
• references to stolen goods shall be construed accordingly.

Goods Originally Stolen 

Stolen goods shall include, in addition to the goods originally stolen and parts of them any other goods which represent the stolen goods in the hands of the thief or handler as being the proceeds of any disposal or realization of the whole or part of the goods stolen.

However, when there’s a restoration of such goods to the following persons, these will cease to be considered as ‘stolen goods’:

• to the person from whom they were stolen or to other lawful possession or custody, or 
• after that person and any other person claiming through him have otherwise ceased as regards those goods to have any right to restitution in respect of the theft.

These stolen goods obtained in Victoria or elsewhere either by blackmail or in other circumstances (section 81) shall be regarded as stolen.

Going Equipped for Stealing

Is the mere usage of any material or equipment that may have a connection with theft punishable? Section 91 says yes. The following are the rules:

1. A person shall be guilty of a summary offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary, theft or cheat. Penalty: level 7 imprisonment (2 years maximum)
2. Where a person is charged with such, proof that he had with him any article made or adapted for use in committing a burglary, theft or cheat shall be evidence that he had it with him for such use.
3. On the conviction of a person for this offence, the court may order for the disposal and forfeiture of the article to the Crown.

Theft Statistics in Victoria 2023

Here’s an overview of the recent theft incidents and reports in Victoria, Australia.

Type of theft	Number of reported offences or incidents	Note
Theft from motor vehicle	56,810 offences, +9,037	The most common items stolen include registration plates and tradie tools.
Theft from a retail store	28,174 offences, + 7,865	This offence has remains to be the greatest riser in recent years. Theft of items such as liquor, groceries, and clothes are the most predominant incidents.
Theft (other) offences	46,620 offences, +5,028	The most common theft offence is theft of petrol and mobile phones.
Motor vehicle theft	20,499 offences, +4,238	This has the highest number of offences since 2016.

Reach Out to JB Solicitors

Laws on theft and handling stolen goods in Victoria cover various offences with nuanced differences (e.g., simple theft, burglary, robbery) that may also have varying penalties. Our lawyers at JB Solictors can explain the specific charges of theft and handling stolen goods, the evidence required for conviction, and build a defence based on the circumstances.

Contact us today for more information about the law on theft and handling stolen goods.