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Receiving Stolen Goods

Fraud / Dishonesty / Theft Offences – NSW

Welcome to the NSW Receiving stolen goods article page. Everything you need to know about Receiving stolen goods according to NSW law – Dated: 09/01/2009

What the Law States according to NSW Law for Receiving stolen goods

According to NSW Law for the charge of Receiving stolen goods:

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
44580 Attempt dispose motor vehicle part-theft=serious indictable <=$5000-T2
44581 Attempt dispose motor vehicle part-theft=serious indictable > $5000-T1
44543 Attempt dispose property-theft=serious indictable <=$5000-T2
44600 Attempt dispose property-theft=serious indictable > $5000-T1
59807 Attempt dispose vessel/part-serious indictable<=$5000-T2
59808 Attempt dispose vessel/part-serious indictable>$5000-T1
44582 Attempt receive motor vehicle part-theft=serious indictable <=$5000-T2
44583 Attempt receive motor vehicle part-theft=serious indictable > $5000-T1
44601 Attempt receive property-theft=serious indictable <=$5000-T2
44602 Attempt receive property-theft=serious indictable > $5000-T1
59810 Attempt receive vessel/part-serious indictable<=$5000-T2
59811 Attempt receive vessel/part-serious indictable>$5000-T1
44584 Dispose motor vehicle part-theft=serious indictable offence <=$5000-T2
44585 Dispose motor vehicle part-theft=serious indictable offence > $5000-T1
59815 Dispose of vessel/part-theft=serious indictable<=$5000-T2
59816 Dispose of vessel/part-theft=serious indictable>$5000-T1
44603 Dispose property-theft=serious indictable offence <=$5000-T2
44604 Dispose property-theft=serious indictable offence > $5000-T1
44586 Receive motor vehicle part-theft=serious indictable offence <=$5000-T2
44587 Receive motor vehicle part-theft=serious indictable offence > $5000-T1
44605 Receive property-theft=serious indictable offence <=$5000-T2
44606 Receive property-theft=serious indictable offence > $5000-T1
59817 Receive vessel/part-theft=serious indictable<=$5000-T2
59818 Receive vessel/part-theft=serious indictable>$5000-T1

The Maximum Penalty – Receiving stolen goods

According to NSW Law for the charge of Receiving stolen goods:

The maximum penalty for the charge of receiving stolen goods (Section 188 of the Crimes Act) is 10 years imprisonment.

In NSW, a court can impose any of the following penalties for a receiving stolen goods charge.

  • Section 10: receiving stolen goods proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of receiving stolen goods, if heard in the Local Court, is likely to be a good behaviour bond with supervision under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

What the Police must prove according to NSW Law for Receiving stolen goods

To convict you of a receiving stolen goods charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. The property referred to in the indictment was in fact stolen.
  2. The stealing of such property amounted to a serious indictable offence.
  3. You received, disposed of, or attempted to dispose of such property.
  4. At the time, you knew it to be stolen property.

They will also need to prove that you were the person who committed the receiving stolen goods offence.

Possible Defences under NSW Law – Receiving stolen goods

Possible defences to a receiving stolen goods charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Receiving stolen goods

Where the value of the property exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the value of the property does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a Receiving stolen goods charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines for a Receiving stolen goods charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a Receiving stolen goods charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a Receiving stolen goods charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a Receiving stolen goods charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a Receiving stolen goods charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a Receiving stolen goods charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a Receiving stolen goods charge: This is the most serious penalty for the charge of Receiving stolen goods and involves full time detention in a correctional facility.

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