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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 / Disposing Stolen Property : Motor Vehicles 

Crimes Act

s.188 Receiving stolen property where stealing a serious indictable offence

NOTE: Amendment to section commencing 14.12.2001 increased maximum penalty from 10 years to 12 years where property involved is a motor vehicle

s.189A Receiving goods stolen outside NSW 

NAME
(age if known)

OFFENCEPLEASENTENCE AT FIRST INSTANCERESULT ON APPEALSUMMARY OF RECORDINVOLVEMENT & SUMMARY

Darwiche

(30)

[1999] NSWCCA 293

3 x s.188 [10y]

 

Sched:

2 x s.188

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)

 

[1999] NSWCCA 295

3 x s.188 [10y]

 

Sched:

5 x s.188

 

3 x s.188 [10y]

 

Sched:

5 x s.188

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

[1999] NSWCCA 379

s.188 [10y]

 

Sched:

Supply cannabis

Possess cannabis

PG

MT 12m

AT 4m

ADsimilar 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

Mahoney

(2000) 114 A Crim R 130

[2000] NSWCCA 232

s.188 [10y]

 

 

s.188 [10y]

 

Larceny

VG

MT 18m

AT 18m

 

FT 18m

 

FT 9m

(all concurrent)

ADminor offencesRebirthing of three vehicles – purchased damaged cars at auction then used engine number on stolen car of identical make – stole car back from purchaser he had sold car to – continuous course of misconduct - sophisticated

Reid

(49)

[2000] NSWCCA 270

7 x s.188 [10y]VG

MT 4y 6m

AT 18m

ADnot greatly significant

Rebirthing business.

Ill health of offender and wife

Achurch

(27)

[2000] NSWCCA 537

s.188 [10y]

 

6 x s.188 (dispose) [10y]

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)

 

[2001] NSWCCA 88

s.188 [10y]

 

 

5 x s.188 (dispose) [10y]

 

Sched:

7 similar offences

 

2 x s.188 [10y]

 

3 x s.188 (dispose) [10y]

 

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

Geiger

(18-19)

[2001] NSWCCA 140

s.189A

 

Take and drive conveyance

 

BES

 

Sched:

FTA offences

PG

FT 12m

 

3y

NPP 15m

 

3y

NPP 15m

ADdishonesty and drug offences

In possession of car stolen in the ACT – travelled in car driven by cousin for short distance aware it was stolen – broke into residential home and stole property worth $13,486

Drug addiction

El Khouri

[2001] NSWCCA 277

BES

 

 

s.188 [10y]

 

 

2 x s.188 [10y]

 

Sched:

2 x s.188

PG

2y 6m

NPP 1y 11m

 

4y

NPP 2y 6m

 

Lesser sentences

 

All concurrent

AD Owner of panel beating business -– found in possession of five stolen vehicles (in parts) – rebirthing business – attempted to steal motor vehicle

Walden

(49)

[2001] NSWCCA 365

s.188 [10y]

 

 

s.189A

 

 

2 x Obtain money by deception

PG

(20%)

2y 5m

NPP 2y

 

2y 8m

NPP 2y

 

FT 15m

 

(all concurrent)

ADbreached conditional liberty for receiving offence

Offence committed over nearly two years – made false claims to insurance company in relation to cars – rebirthed two prime movers

Business in financial trouble

Zreika

(35)

[2001] NSWCCA 373

4 x s.188 [10y]VG

3y 6m

NPP 3y

ADminor offencesRebirthed several stolen cars using written off vehicles

Strbik

(27)

[2001] NSWCCA 101

s.188 [10y]

 

 

2 x s.188 [10y]

 

6 x s.188 [10y]

 

2 x s.188 [10y]

 

Att steal motor vehicle

 

Sched:

13 x s.188

5 x GIC

PG

(20%)

7y 2m

NPP 5y 4m

 

FT 12m

 

FT 3y

 

FT 3y 6m

 

FT 3y

 

(all concurrent)

ADminor offencesOne of leading figures in car rebirthing group specialising in high performance cars – mechanic – substituted compliance plates from engines of wrecked cars – offences committed over fifteen months – property valued at $1.26m

Timmis

(41)

[2003] NSWCCA 158

s.188 [10y]

 

 

Acc after fact to BES

 

LMV

 

Sched:

7 offences

PG

18m

NPP 12m

 

2y 6m

NPP 1y 3m

 

12m

NPP 6m

 

Total:

4y 6m

NPP 2y 3m

ADsimilar offences – breached bail

Broke into removalists yard and stole 4WD from shipping container using bolt cutters (LMV) – loaded up vehicle with additional property – one month later found waiting in stolen motor vehicle (receiving) for associates carrying property from break and enter offence (accessory) – schedule included two subsequent break and enter offences committed on bail

Suffering financial difficulties

Elfar

(18)

[2003] NSWCCA 358

Conspiracy s.188 (dispose) [12y]PG

3y 6m

NPP 18m

Crown ADnil

Became involved in large scale rebirthing operation at insistence of father – active involvement for eight months – cars sold overseas – activity involved property worth $1.229m – element of duress

Remorse – good prospects of rehabilitation – forced to give up university studies at insistence of father

Palinko

(25)

[2005] NSWCCA 46

2 x s.188 [12y]PG

3y 9m

NPP 2y 6m

ADminimal

Received and rebirthed 2 stolen cars from estranged partner

Full co-operation and early PG - cannabis user – good employment history – remorse

Strbik

(20)

[2004] NSWCCA 212

4 x s.188 [10y]

 

s.189A

 

SMV

 

 

2 x SMV

 

 

3 x SMV

 

3 x SMV

 

Att SMV

 

Sched:

9 offences

PG

FT 2y

 

FT 2y

 

4y 6m

NPP 2y 10m

 

3y 9m

NPP 2y 3m

 

FT 3y

 

FT 2y

 

FT 2y

 

Total

6y 6m 29d

NPP 6y

AA

Commencement dates adjusted

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

6y 6m 29d

NPP 5y 3m 29d

previous offences but no prison

Involved in car rebirthing operation over ten months

Drug user resulting in financial pressure

Mason

[2007] NSWCCA 32

3 x s.188 [12y]

 

Sched:

Receive stolen parts

PG

(18%)

2y 6m

NPP 16m

ADNil dishonesty

Involved in rebirthing of stolen cars – significant involvement

Delay – father to young children – prospects of rehabilitation

El Hassan

(30)

[2007] NSWCCA 148

Conspiracy s.188 (dispose) [12y]

 

Sched:

s.188

VG

6y

NPP 4y

AA

5y

NPP 3y 4m

minor

Conspired with brother over 12m to ship three containers of stolen motor vehicles and parts to Lebanon – 29 stolen items – a principal participant – well-organised and sophisticated operation

Psychological problems – married with new baby – approach to trial mitigating factor

Last updated: 19.7.2018