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Receiving stolen property

You don't have to steal something to be charged over it. Receiving stolen property is taking in, holding, or passing on goods you know — or should have suspected — were stolen. It catches everyday situations: a second-hand bargain that's suspiciously cheap, minding an item for a mate, or accepting "hot" goods as repayment. The key catch is the suspicion test: you can be guilty even without certain knowledge, if a reasonable person would have smelled something wrong and you didn't ask.

The whole idea in one picture

The deal that was too good to be true

This offence isn't about stealing — it's about what you did with stolen goods, and whether you should have known. The suspicious bargain is where it usually begins.

$ 1 · A cheap deal too good to be true 2 · Received bought · held · resold ? 3 · Knew or should've suspicion is enough $ 4 · Penalties fines to years in jail

What counts as receiving

It covers receiving, possessing, disposing of, or helping to hide stolen goods. Common examples:

Common examples

  • Buying electronics or jewellery for a suspiciously low price
  • Holding stolen items for someone else
  • Accepting stolen goods as repayment or trade
  • Reselling property later found to be stolen

What they must prove

  • The property was stolen or unlawfully obtained
  • You received or handled it
  • You knew, or were reckless about it being stolen
The suspicion test: you don't have to have known for certain. If the deal was obviously dodgy — far too cheap, no receipt, a nervous seller — and you looked the other way, that can be enough to be charged. "I didn't ask" isn't a shield.

How a charge starts

The stolen item usually leads police straight to whoever's holding it:

How it's caught

  • A search turns up stolen property on you
  • Serial numbers or CCTV trace it to the owner
  • Admissions, or messages showing you knew
  • Links to known thieves or break-ins

One common route

  • A thief, once caught, may name the people who helped sell, store or receive the goods — which is how many receiving charges start.

What happens at court

Where it's heard depends on the value and your history:

  1. Lower-value or summary matters stay in the local or magistrates' court.
  2. High-value or repeat matters go to a higher court.
  3. The steps run from first appearance and plea, through the prosecution's evidence, to a negotiation or hearing.
  4. Sentencing turns on the value, your record, and what you knew.
Choose your state

Penalties where you are

New South Wales

NSW
Most serious cases — top of the scale
Up to 10 years in jail

Charged as receiving stolen property. Under $5,000, it can stay in the Local Court, up to 2 years.

Read this as a ceiling, not a forecast. The value, your record, and how much you knew all matter. A single low-value item bought without asking enough questions sits far below organised, large-scale handling.
The suspicion test

Which court

Common defences

The case usually turns on what you knew, or whether you received the goods at all:

You didn't know or suspect

Nothing pointed to the goods being stolen.

Reasonable belief

You had good reason to think they were lawfully owned.

You never received it

You didn't physically receive or control the item.

Claim of right

You believed you had a genuine claim to it.

Charged with receiving? Talk to a lawyer.

What you knew, or could reasonably have suspected, is the whole case — and it's often genuinely arguable. We can point you to lawyers in your state.

Read this first

This is general information, not legal advice

This page explains how these charges generally work — it can't tell you what will happen in your case. Receiving is charged under each state's theft or handling laws, and penalties vary. If you're under investigation or charged, talk to a criminal lawyer before answering questions.

Criminal lawyers

Hiring a Criminal Lawyer is Essential if You’ve Been Charged

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While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a criminal lawyer.