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Where am I now? Lawlink > Public Defenders Office > Sentencing Tables > Receiving - Motor Vehicles
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Receiving - Motor Vehicles
| This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon. |
188 Receiving stolen property where stealing a serious indictable offence
(1) Whosoever receives, or disposes of, or attempts to dispose of, any property, the stealing whereof amounts to a serious indictable offence, knowing the same to have been stolen, shall be guilty of a serious indictable offence, and may be indicted, either as an accessory after the fact, or for a substantive offence, and in the latter case whether the principal offender has been previously tried or not, or is amenable to justice or not, and in either case is liable:
(a) if the property is a motor vehicle or a motor vehicle part, or a vessel or a vessel part, to imprisonment for 12 years, or
(b) in the case of any other property, to imprisonment for 10 years.
189 Receiving etc where principal guilty of minor indictable offence
Whosoever receives, or disposes of, or attempts to dispose of, any property, the stealing whereof is a minor indictable offence, knowing the same to have been stolen, shall be guilty of a minor indictable offence, and whether the person guilty of the principal offence has been previously tried or not, or is amenable to justice or not, shall be liable to imprisonment for three years.
189A Receiving etc goods stolen out of New South Wales
(1) Whosoever, without lawful excuse, receives or disposes of, or attempts to dispose of, or has in his or her possession, any property stolen outside the State of New South Wales, knowing the same to have been stolen, and whether or not he or she took part in the stealing of the property, shall be liable to imprisonment for ten years.
NOTE: Amendment to section commencing 14.12.2001 increases maximum penalty to 12 years where property involved is a motor vehicle
NAME | OFFENCE | PLEA | SENTENCE AT FIRST INSTANCE | RESULT ON APPEAL | SUMMARY OF RECORD | INVOLVEMENT & SUMMARY |
Darwiche
(30)
NSW CCA [293]
15.9.1999 | 3 x Receiving
Sched:
2 x Receiving | PG | MT 9m
AT 9m | AA
MT 4m
AT 4m |  | Worked in motor vehicle dealership owned by brother (co-offender sentenced for stealing cars) - rebirthing
Assistance to authorities - Protective custody - Father of three children |
Chieu
(40)
Trinh
(44)
NSW CCA [295]
21.9.1999 | 3 x Receiving
Sched:
5 x Receiving
3 x Receiving
Sched:
5 x Receiving
2 x Obtain Benefit by Deception | PG
PG | MT 3y
AT 2y
MT 3y
AT 2y | AD | nil - subsequently sentenced for similar offences
mal wounding, AOABH | Carefully planned and extensive rebirthing operation |
McDermott
NSW CCA [379]
24.11.1999 | Receiving
Sched:
Supply cannabis
Possess cannabis | PG | MT 12m
AT 4m | AD | similar offences | Found in possession of large number of car parts from $20,000 stolen vehicle
Good prospects of rehabilitation
Sentence imposed cumulative to sentence served in America for drug offence |
Reid
(49)
NSW CCA [270]
19.6.2000 | 7 x Receiving | VG | MT 4y 6m
AT 18m | AD | not greatly significant | Rebirthing business.
Ill heath of offender and wife |
Achurch
(27)
NSW CCA [537]
18.12.2000 | 1 x Receiving
6 x Dispose | PG | Total:
MT 27m
AT 9m | AA
28m
NPP 21m | assault and dishonesty offences, including receiving | Rebirthing of stolen vehicles over 7 month period - Principal
Lengthy delay - Married with 3 children - Parity |
Hassan
(31)
Darwich
(25)
NSW CCA [88]
23.3.2001 | 1 x Receiving
5 x Dispose
Sched:
7 similar offences
2 x Receiving
3 x Dispose
Sched:
7 similar offences | PG
PG | Total
5y 6m
NPP 3y 3m
Total
5y 6m
NPP 3y 3m | AD | minimal
nil | Each offender working separately but in same manner - Rebirthing of stolen vehicles - Well planned offences committed over several months
BH - married with 2 children - suffering depression and anxiety - contrition
AD - unmarried but family support – Contrition |
Zreika
(35)
NSW CCA [373]
21.9.2001 | 4 x Receiving | VG | 3y 6m
NPP 3y | AD | minor offences | Rebirthed several stolen cars using written off vehicles |
Palinko
(25)
NSWCCA [46]
1.3.2005 | 2 x Receiving | PG | 3y 9m
NPP 2y 6m | AD | minimal | Received and rebirthed 2 stolen cars from estranged partner
Full co-operation and early PG - cannabis user – good employment history – remorse |
Mason
NSW CCA [32]
16.2.2007 | 3 x Receiving
Sched:
Receive stolen parts | PG | 2y 6m
NPP 16m | AD | Nil dishonesty | Involved in rebirthing of stolen cars – significant involvement
Delay – father to young children – prospects of rehabilitation |
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