Receiving Stolen Property

Published by Geoff Harrison | 21 August 2025

The offence of receiving or disposing of stolen property under s189 of the Crimes Act 1900 carries a maximum penalty of 10 years imprisonment. The prosecution must prove that the accused had actual knowledge or belief that the property was stolen; suspicion is not sufficient: R v Raad [1983] 3 NSWLR 344.

Other Sources:

• Criminal Trial Courts Bench Book: Receiving Stolen Property

• Criminal Trial Courts Bench Book: Larceny

Cases:

• R v Schipanski 17 NSWLR 618

• JCN v James Cook University & Ors [2023] QCAT 538 (at [919])

• Mclennan v Campbell [2003] WASCA 145

Extracted Legislation:

CRIMES ACT 1900 - SECT 187

Term "stealing" in sections 188 and 189

For the purposes of sections 188 and 189--

"Stealing" includes the taking, extorting, obtaining, embezzling, or otherwise disposing of the property in question.

CRIMES ACT 1900 - SECT 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.

(2) In this section--

"motor vehicle" has the same meaning as it has in Division 5A.

"vessel" means a vessel within the meaning of the Marine Safety Act 1998.

CRIMES ACT 1900 - SECT 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.

CRIMES ACT 1900 - SECT 190

Receiving etc cattle unlawfully killed, or carcass etc

Whosoever--

receives any animal, unlawfully killed, with intent to steal the carcass, or skin, or other part thereof, knowing the same to have been so killed, or receives, or disposes of, or attempts to dispose of, any part of an animal so killed, or of an animal unlawfully stolen, knowing it to have been so killed or so stolen, shall be guilty of a serious indictable offence, and may be indicted and punished as if the animal had been stolen, and the accused had unlawfully received the same.

CRIMES ACT 1900 - SECT 191

Uncertainty as to sex or age not to entitle to acquittal

Where, on the trial of a person for an offence under section 190, it appears that the animal was of the species mentioned in the indictment, but it is uncertain on the evidence what was its sex or age, such person shall not be entitled to acquittal by reason only of such uncertainty.

CRIMES ACT 1900 - SECT 192

Receiving material or tools intrusted for manufacture

Whosoever receives any goods, article, or material or any tools, or apparatus for manufacturing, or working up, the same, knowing the same to have been purloined, embezzled, or secreted, within the meaning of section 151, or that the person offering the same is fraudulently disposing thereof, shall be liable to imprisonment for four years.

CRIMES ACT 1900 - SECT 192A

Verdict where several persons are indicted for jointly receiving

Where, on the trial of two or more persons for jointly receiving property, it appears that one, or more, separately received such property, or any part thereof, the jury may convict such one or more of the said persons as is, or are, proved to have so received the same.