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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 (not Motor Vehicles) 

Crimes Act

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

s.189A Receiving goods stolen outside NSW

Maximum Penalty – 10 years

NAME
(age if known)

OFFENCEPLEASENTENCE AT FIRST INSTANCERESULT ON APPEALSUMMARY OF RECORDINVOLVEMENT & SUMMARY

Darwich

(24)

NSWCCA

16.9.1998

4 x s.188

 

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

(1999) 109 A Crim R 484

NSWCCA

s.188VG

MT 12m

AT 12m

AA

MT 10m

AT 8m

 

Received gold bracelet worth $3,000 - acquitted of related break, enter and steal at trial – receiving offence could have been dealt with in Local Court

Progress towards rehabilitation

 

Duong

(33)

[1999] NSWCCA 448

10 x s.188

 

Sched:

25 x GIC

PG409hrs CSO

Crown 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

Waterman

[2000] NSWCCA 29

s.188 (disposing)

 

 

 

Escape

 

FT 18m

(concurrent)

 

 

2y 6m

NPP 18m

AA

FT 6m

(concurrent)

 

FT 4m

 

During escape came into possession of considerable quantity of electrical goods, a Medicare card and a Bankcard – arrested seeking to pawn goods using cards for identification

Parity

Sutton

[2000] NSWCCA 145

s.188

 

 

12 x s.188

 

 

Obtain benefit by Deception

PG

MT 2y

AT 3y

 

MT 12m

AT 10m

 

MT 6m

AT 2m

(concurrent – cumulative to existing sentence)

ADsimilar offencesFound in possession of property worth $15,000 from house thefts – offences varied from $80 - $5,225 – attempted to sell some of the stolen property making false claim as to ownership

Murray

(68)

[2000] NSWCCA 159

2 x s.188

 

 

2 x Possess shortened firearm

PG

MT 12m

AT 18m

 

FT 2y

 

Total:

MT 3y

AT 18m

ADold record – nothing for 25 years

Had given jewellery stolen from private residence in home invasion to female friend – search of offender's premises found property stolen in separate home invasion in pocket of offender's jacket – shortened pump action shotguns also found at offender's premises

Very poor physical health

Zanze

(32)

[2000] NSWCCA 308

4 x s.188

 

Sched:

5 x GIC

PG

MT 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)

[2000] NSWCCA 394

s.188

 

5 x s.188 (disposing)

VG

MT 2y

AT 12m

ADdishonesty offencesReceived stolen travellers cheques - disposed of cheques valued at $840,000

Valkovich

(29)

[2000] NSWCCA 506

s.188VG

500 CSO

$5,000 fine

Crown ADnil

Director of security company - found in possession of $34,400 cash stolen from employee of company - serious breach of trust

Married - good character evidence - out of character – delay on appeal - completed community service and repaying fine

Kessey

(24)

[2001] NSWCCA 469

s.188

 

 

s.112(2)

PG

(25%)

FT 4m

 

 

18m

NPP 8m

(concurrent)

Crown AA

FT 4m

 

2y 3m

NPP 1y 3m

(concurrent)

breached bail – previous convictions for stolen goods

Received property stolen from residential premises including video recorder, play station, video games, wallet, backpack and sunglasses – 15mths later broke into home late at night through kitchen window – stood over female occupant in bed then stole property

Prospects of rehabilitation

Jammas

(23)

[2002] NSWCCA 329

s.188

 

Sched:

5 x s.188

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)

[2002] NSWCCA 499

s.188

PG

(20%)

5y

NPP 3y

ADLengthy record for dishonesty offences - breached home detention and recognisances

Sold 25 stolen laptop computers to undercover police officer

Some remorse - gambling - some concurrency with revoked home detention sentence

Karnib

[2003] NSWCCA 271

 

Co-accused:

STEPHEN

3 x s.188

 

Conspiracy s.188 (dispose)

PG

(40% - plea and assist)

Total:

3y

Periodic Detention

ADNot relevant

Police investigation of large-scale theft of laptop computers found stolen property at offender's premises – had been purchasing stolen computers and selling on to another party

Good work history – retail business suffering and unable to repay loans – contrition

Stephen

[2003] NSWCCA 377

 

Co-accused:

KARNIB

s.188

 

Schedule:

Possess cannabis

PG

FT 3y

Periodic Detention

AA

3y

NPP 2y 3m

Periodic Detention

dishonesty

Received number of stolen laptop computers – sold to co-offender who sold to third person

Error in sentencing procedure

Parity - rehabilitation.

Depoma

(25)

[2003] NSWCCA 382

2 x s.188 (dispose)

 

Sched:

2 x GIC

2 x false information

PG

2y

NPP 1y 4m

(concurrent)

ADsimilar offences

Pawned video recorder ($400), jewellery ($450) and TV receiver ($300) – made false statements that he owned property – goods stolen from house broken into day before

Unfortunate life – early drug use

Christou

(25)

[2003] NSWCCA 415

s.188PG

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

[2004] NSWCCA 341

s.188PG

4y

NPP 2y

(concurrent with existing sentence)

ADLengthy record, inc dishonesty – breached conditional liberty

Sold stolen goods to finance drug habit

Failed to address habit – previous escape from custody – special circumstances

Bala

(38)

[2004] NSWCCA 345

5 x s.188

 

 

 

Accessory after fact to BES

 

Sched:

3 offences

PG

(20% on appeal)

2y

NPP 15m

 

 

2y

NPP 15m

(concurrent)

AA

18m

NPP 10m

 

18m

NPP 10m

(concurrent)

nil

Premises in affluent area of Sydney targeted for break and enter offences – employee of insurance company providing information to offender and brother – brother burgled houses – large amount of stolen property found at home of offender and brother

Fled conflict in Kosevo

 

Swan

[2005] NSWCCA 252

2 x s.188

 

 

 

 

BES

PG

(20%)

21m

NPP 16m

(concurrent)

 

 

30m

NPP 22m

 

Total:

2y 9m

NPP 2y 4m

AA

21m

NPP 10m

(concurrent)

 

30m

NPP 22m

 

Total:

2y 9m

NPP 2y

bed record for violence and dishonesty

Broke into residence and stole property – stolen goods from break and enters found at house four months later

Significant drug problem

Tetley

(28)

[2006] NSWCCA 22

3 x s.188

 

3 x s.188 (dispose)

 

Sched:

6 x obt benefit by deception

PG

2y 6m

NPP 12m

ADNil

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)

[2006] NSWCCA 90

2 x s.188

 

 

s.189A

 

Sched:

2 x s.188

PG

(20%)

2y 6m

NPP 18m

 

2y 6m

NPP 18m

(concurrent)

ADIrrelevant

Bought large amounts of stolen property - range hoods, Turkish rugs and sets of luggage - isolated offences

Strong subjective circumstances - bankrupt as a result of offences - severely depressed.

J.R.D

(53)

[2007] NSWCCA 55

s.188

 

 

Supply comm qty ecstasy

 

Obtain credit by fraud

 

Sched:

2 x s.188

PG

(55% combined on appeal)

2y

NPP 18m

 

2y

NPP 18m

 

FT 12m

 

(all suspended)

Crown AA

FT 10m

 

2y

NPP 16m

 

FT 2m 15d

 

Total:

3y

NPP 2y 4m 15d

extensive

Observed supplying ecstasy tablets to male after obtaining tablets from co-offender – unsuccessfully attempted to dispose of vodka stolen by co-offender in drug supply – schedule offences involved $18,000 scissor lift and $66,000 worth of property – used false document to obtain loan

Serious medical problems - assistance

Lukenic

(45)

[2008] NSWCCA 250

3 x s.188

 

s.188 (dispose)

 

s.189A

 

Sched:

3 offences

PG

1y 9m

 

 

 

2y 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

Tazelaar

[2009] NSWCCA 119

5 x s.188

 

s.113(1)

 

s.112(1)

 

2 x s.112(1)

 

Sched:

16 offences

PG

(15% on appeal)

4y

NPP 2y

 

FT 1y

 

5y 3m

NPP 3y 3m

 

4y

NPP 2y

 

Total:

6y 3m

NPP 4y 3m

AA

FT 6m

 

FT 1y

 

4y 6m

NPP 2y 6m

 

4y

NPP 2y

 

Total

5y 6m

NPP 3y 6m

priors include break and enter offences – receiving offences committed while on bail

Broke into medical centre and stole small amount of property from four suites – ten months later found in possession stolen property at home

drug user

Hinchcliffe

(35)

[2010] NSWCCA 306

s.188

 

 

4 x supply

 

Sched:

housebreaking implements

PG

4y 6m

NPP 2y

 

3y

NPP 2y

 

Total:

8y 6m

NPP 6y

AA

to adjust accumulation

 

 

 

Total:

6y 6m

NPP 4y

lengthy record – breached bail

Pharmacy broken into at night and prescription drugs stolen from safe – found in possession of drugs in safe under bed at home – morphine, dexamphetamine, methylphenidate and buprenorphine

Drug addicted

Last updated: 19.7.2018

  

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