Aug 25, 2019 · Definition of Handling Stolen Goods. In accordance with the work A Dictionary of Law, this is a description of Handling Stolen Goods : Dishonestly receiving goods that one knows or believes to be stolen or undertaking, arranging, or assisting someone to retain, remove, or dispose of stolen goods. What do you need to know about theft and handling?
May 07, 2010 · These words give rise to a substantive, rather than inchoate, offence of arranging to handle. This requires a bilateral agreement that would amount to a conspiracy to handle stolen goods (Property Offences (1986), Law Book Co, 2 nd ed, 376). The prosecution should specify the form of handling alleged
Apr 02, 2019 · Calling Doogue + George Defence Lawyers will put you in touch with someone who has experience representing people charged with Handling Stolen Goods. We will ensure that you understand your rights and obligations including detailed instructions on how to make a no comment interview.
Handling stolen goods is an offence under Crimes Act 1958 s88 . The offence has the following four elements: The accused handled goods; The goods were stolen goods at the time that the accused handled them; The accused knew or believed at the time that he or she handled the goods that they were stolen goods; and.
Section 88 (1) of the Crimes Act 1958 states that a person "handles" goods if he or she "receives the goods or brings them into Victoria, or… undertakes or assists in bringing them into Victoria or in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so".
By or for the benefit of another person. Where it is alleged that the act of handling involved the retention, removal, disposal or realization of stolen goods, the accused must have either: Undertaken (or arranged to undertake) that activity him or herself for the benefit of another person; or.
It is a criminal offence that is committed by a person who dishonestly received goods knowing or believing that the goods were stolen.
Handling stolen goods is an indictable offence, which means that it may be heard in the higher courts; however, it is often dealt with in Magistrates’ Court. The seriousness of the circumstances surrounding the charge will determine in what court the matter is heard.
Element 1: Accused handled the goods. Handling is defined in the Act as the retention, removal, disposal or realisation by or for the benefit of another person.
Selling stolen goods for an accused’s own benefit does not make out the handling charge (for example selling stolen goods and keeping all the proceeds). To have “handled” the goods, the accused must have sold them for the benefit of a person other than the purchaser.
Undertaken or arranged to undertake that activity him or herself for the benefit of another person. Assisted or arranged to assist another person to carry out that activity. Retained the goods for the benefit of another person. Assisted another person to retain the goods; or.
The person from whom they were stolen and any other person claiming through him or her have otherwise ceased to have any right to restitution of those goods in respect of the theft ( Crimes Act 1958 s90 (3)). An accused may admit that the goods were stolen having the required knowledge after being charged.
In a case where it is alleged that the act of handling involved the retention, removal, disposal or realization of stolen goods, someone who simply receives stolen goods will not meet the definition of ‘handling’, as they must do something further. This further action could firstly involve an act of retaining, assisting another to retain ...