Public Defenders
spacer
Receiving - Other Property

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.
    (section amended 14.12.2001 to provide increase in sentence for receiving of motor vehicles)

    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.


    NAME
    OFFENCE
    PLEA
    SENTENCE AT FIRST INSTANCE
    RESULT ON APPEAL
    SUMMARY OF RECORD
    INVOLVEMENT & SUMMARY
    Darwich
    (24)
    NSW CCA
    16.9.1998
    4 x Dispose

    Sched:
    10 x GIC
    Supply false information
    PGMT 18m
    AT 18m
    AA
    MT 12m
    AT 12m
    Long history of similar offencesDisposed of stolen bicycles through pawnbrokers shop over 5 week period pursuant to arrangement made with thief
    Totality with existing sentence
    Griggs
    NSW CCA [381]
    23.11.1999
    ReceivingVGMT 12m
    AT 12m
    AA
    MT 10m
    AT 8m
    Received gold bracelet worth $3,000
    Progress towards rehabilitation
    Acquitted of related break, enter and steal at trial – Remaining matter could have proceeded in Local Court
    Duong
    (33)
    NSW CCA [448]
    8.12.1999
    10 x Receiving

    Sched:
    25 x GIC
    PG409hrs CSOCrown AA
    MT 3y
    AT 2y 11m
    Nil - five offences committed on bailStolen goods found in shop, home and de facto’s home worth $200,000 - Purchased from shoplifters and drug addicts
    Zanze
    (32)
    NSW CCA [308]
    31.7.2000
    4 x Receiving

    Sched:
    5 x GIC
    PGMT 2y
    AT 8m
    ADlengthy record for similar offences - offences committed on parole for similar offencesGoods included watch, mobile phone, power tools, cameras and radio cassette player
    Sinanovic
    (32)
    NSW CCA [394]
    11.12.2000
    1 x Receiving
    5 x Dispose
    VGMT 2y
    AT 12m
    ADdishonesty offencesReceived stolen travellers cheques - Disposed of cheques valued at $840,000
    Valkovich
    (29)
    NSW CCA [506]
    1.12.2000
    ReceivingVG500 CSO
    $5,000 fine
    Crown ADnilDirector of security company - Found in possession of $34,400 cash stolen from employee of company - Serious breach of trust
    Married - Good character evidence - Offence out of character – Delay on appeal - Completed community service and repaying fine
    Jammas
    (23)
    NSW CCA [329]
    1.8.2002
    Receiving

    Sched:
    5 x Receiving
    PG3y
    NPP 1y 8m
    ADReceived quantity of cigarettes valued at $89,000 - Schedule offences involved $71,960 cigarettes
    No parity because of additional offences on schedule
    Huang
    (24)
    NSW CCA [499]
    11.12.2002
    ReceivingPG5y
    NPP 3y
    ADLengthy record for dishonesty offences - breached home detention and recognisancesSold 25 stolen laptop computers to undercover police officer
    Some remorse - Gambling - Benefit of some concurrency with revoked home detention sentence
    Karnib
    NSW CCA [271]
    23.9.2003
    3 x Receiving
    Conspiracy dispose stolen property
    PGTotal:
    3y Periodic Detention
    ADNot relevantPolice investigation of large-scale theft of laptop computers – found stolen property at A’s premises – A had been purchasing stolen computers and selling on to another party.
    Good work history – Retail business suffering and unable to repay loans – Contrition – Early plea.
    Stephen
    NSW CCA [377]
    1.12.2003
    Receiving

    Schedule:
    Possess cannabis
    PGFT 3y Periodic DetentionAA
    3y NPP 2y 3m Periodic Detention
    dishonestyReceived number of laptop computers – Sold to AK who then on-sold to JS.
    TJ erred in sentencing procedure. Parity. Rehabilitation.
    Christou
    (25)
    NSW CCA [415]
    17.12.2003
    ReceivingPG2y
    NPP 1y
    AA
    15m
    NPP 7m
    Dishonesty offences – breached bondAttempted to pawn goods stolen by co-offender during earlier break and enter
    Drug addict – very poor prospects of rehabilitation - Parity
    Johnson
    NSW CCA [341]
    27.9.2004
    ReceivingPG4y
    NPP 2y
    (concurrent w other sents)
    ADLengthy record, inc dishonesty; occurred while at conditional libertySold stolen goods to finance drug habit
    Failed to address habit – previous escape from custody – special circumstances
    Tetley
    (28)
    NSW CCA [22]
    16.2.2006
    6 x Receiving and disposing

    Sched:
    6 x obt benefit by deception
    PG2y 6m
    NPP 12m
    ADNilCattle breeder and manager received and disposed of 195 head of cattle valued at $55,350 – planned offence
    Good prospects of rehabilitation - delay
    Abdallah
    (52)
    NSW CCA [90]
    31.3.2006
    2 x Receiving
    Receiving outside NSW

    Sched:
    2 x Receiving
    PG2y 6m
    NPP 18m
    ADIrrelevantBought large amounts of stolen property - range hoods, Turkish rugs and sets of luggage
    Isolated offences. Strong subjective circumstances. Bankrupted as a result of offences. Severely depressed.
    Lukenic
    (45)
    NSW CCA [250]
    28.10.2008
    3 x Receiving
    Dispose of stolen property
    Possess outside NSW

    Sched:
    3 offences
    PG2y 11m
    NPP 1y 9m
    AA
    (to backdate only)
    Dishonesty offencesPrincipal of criminal enterprise dealing in jewellery and other property stolen from burglaries and thefts of retail stores



    Previous Page | Back to Lawlink Home | Top of Page
      Last updated 15 September 2009   Crown Copyright ©  
    Hosted by agd logo
    Lawlink NSW