Receiving Stolen Property

Example:

Lane buys a second hand laptop from his friend Allan for $200. He’s seen the same computer in shops for around $950. Lane knows that Allan was done for theft a couple of months ago. On the back of the computer there is a sticker that says “Citizens Advice Bureau Porirua”. Allan says that he bought the computer from one of the CAB workers. When Lane tries to sell the laptop to Cash Converters, the Police are called. Lane is questioned and the Police decide to charge him with “receiving” when they discover the computer was recently reported stolen from the CAB.

Offence:

Receiving – section 346 of the Crimes Act 1961

It is an offence to receive any property stolen or obtained by any other crime, knowing that property to have been stolen or so obtained, or being reckless as to whether or not the property had been stolen or so obtained.

Penalty:

The penalty for receiving depends on the value of the property stolen:

Likely sentence:

Although Lane didn’t exactly know that the laptop was stolen, he could have guessed that given the low price, the sticker and his knowledge of Allan’s previous conviction that it could well have been stolen. In this case his conduct could be viewed as “reckless”. He is likely to receive a fine of around $300 - $500 and court costs of $130 or community work. If the laptop wasn’t recovered then $950 reparation will probably be ordered to the CAB.