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

 

Receiving - Other Property 

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.

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

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.

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

PG

MT 18m
AT 18m

AA
MT 12m
AT 12m

Long history of similar offences

Disposed 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

Receiving

VG

MT 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

PG

409hrs CSO

Crown AA
MT 3y
AT 2y 11m

Nil - five offences committed on bail

Stolen 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

PG

MT 2y
AT 8m

AD

lengthy record for similar offences - offences committed on parole for similar offences

Goods 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

VG

MT 2y
AT 12m

AD

dishonesty offences

Received stolen travellers cheques - Disposed of cheques valued at $840,000

Valkovich
(29)
NSW CCA [506]
1.12.2000

Receiving

VG

500 CSO
$5,000 fine

Crown AD

nil

Director 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

PG

3y
NPP 1y 8m

AD

Received 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

Receiving

PG (20%) 

5y
NPP 3y

AD

Lengthy record for dishonesty offences - breached home detention and recognisances

Sold 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

PG (40% - plea and assist)

Total:
3y Periodic Detention

AD

Not relevant

Police 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

PG

FT 3y Periodic Detention

AA
3y NPP 2y 3m Periodic Detention

dishonesty

Received 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

Receiving

PG

2y
NPP 1y

AA
15m
NPP 7m

Dishonesty offences - breached bond

Attempted 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

Receiving

PG

4y
NPP 2y
(concurrent w other sents)

AD

Lengthy record, inc dishonesty; occurred while at conditional liberty

Sold 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

PG

2y 6m
NPP 12m

AD

Nil

Cattle 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

PG (20%)

2y 6m
NPP 18m

AD

Irrelevant

Bought 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

PG

2y 11m
NPP 1y 9m

AA
(to backdate only)

Dishonesty offences

Principal of criminal enterprise dealing in jewellery and other property stolen from burglaries and thefts of retail stores

 

 

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