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Possess Property Reasonably Suspected to Be Stolen

Fraud / Dishonesty / Theft Offences – VIC

Welcome to the VIC Possess property reasonably suspected to be stolen article page. Everything you need to know about Possess property reasonably suspected to be stolen according to VIC law.

What the Law States according to VIC Law for Possess property reasonably suspected to be stolen

According to VIC Law for the charge of Possess property reasonably suspected to be stolen,

Summary Offences Act 1966 – SECT 26
Unexplained possession of personal property reasonably suspected to be stolen

26. Unexplained possession of personal property reasonably suspected to be stolen

(1) Any person having in his actual possession or conveying in any manner any personal property whatsoever reasonably suspected of being stolen or unlawfully obtained whether in or outside Victoria may be arrested either with or without warrant and brought before a bail justice or the Magistrates’ Court, or may be summoned to appear before the Magistrates’ Court.

(2) If such person does not in the opinion of the court give a satisfactory account as to how he came by such property he shall be guilty of an offence.

Penalty: Imprisonment for one year.

(3) Upon proof that any property was or had been in the actual possession of such person or under his control and whether or not such person still has possession or control thereof when brought before the court the property shall for the purposes of this section be deemed to be in his actual possession.

(4) Where a person is charged before the Magistrates’ Court with an offence under this section the court may proceed to hear and determine the matter notwithstanding that it appears from the evidence that the person charged stole or unlawfully obtained the property concerned in a place outside Victoria in circumstances amounting to the commission of a criminal offence in that place.

The Maximum Penalty – Possess property reasonably suspected to be stolen

According to VIC Law for the charge of Possess property reasonably suspected to be stolen, 1 year.

What the Police must prove according to VIC Law for Possess property reasonably suspected to be stolen

(a) The accused had in his or her actual possession or was conveying in any manner any personal property that was reasonably suspected of being stolen or unlawfully obtained.
(b) The accused did so needlessly.

Possible Defences under VIC Law – Possess property reasonably suspected to be stolen

(a) Claim of right
(b) Duress
(c) Factual dispute
(d) Honest and reasonable mistake of belief
(e) Lack of intent

In VIC which court will hear the matter – Possess property reasonably suspected to be stolen

Magistrates’ Court

 

Date: 09/01/2009

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