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Receiving etc where principal guilty of minor indictable offence
Offence title:
Receiving etc where principal guilty of minor indictable offence
Act:
189 Crimes Act (NSW)
Offence:
Any person who receives or disposes, or attempts same, any property, where the stealing of the property amounts to a minor indictable offence and knowing the property to be stolen commits a minor indictable offence.
Penalty:
Imprisonment 3 years.
Summary/Indictable/mixed:
Mixed
Jurisdiction:
Local, District or Supreme Court.
How committed:
Person A is approached by Person B in the pub and offered a lawn mower. Person B explains the original owner appears to have forgotten about the loan to Person B and person B needs some money. Person A buys the lawn mower knowing Person B has no right to sell it.
Important note:
A person accused of this offence may be tried as an accessory after the fact to the original theft, or for the substantive offence of the stealing, whether, or not, the actual thief has been caught and charged.