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Receiving stolen property where stealing a serious indictable offence
Offence title:
Receiving stolen property where stealing a serious indictable offence
Act:
188 Crimes Act (NSW)
Offence:
Any person who receives or disposes, or attempts same, any property, where the stealing of the property amounts to a serious indictable offence and knowing the property to be stolen commits a serious indictable offence.
Penalty:
Imprisonment 12 years if the property is a motor vehicle or vessel or part of either; or
Imprisonment for 10 years for any other property.
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 mobile phone. Person B explains the phone was stolen from a warehouse before the serial numbers could be recorded. Person A buys the phone for a price well below retail.
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.
Motor vehicle has the same meaning as it has in Division 5A.
Vessel means a vessel within the meaning of the Marine Safety Act 1998.
Stealing includes the taking, extorting, obtaining, embezzling, or otherwise disposing of the property in question