Legal Research > Sentencing Tables

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Receiving - Motor Vehicles 

s 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.


s 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.

s 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