What is the maximum penalty for receiving stolen property in NSW?
Maximum penalty. s 188(1)(a): imprisonment for 12 years where the property is a motor vehicle or motor vehicle part, or a vessel or vessel part. s 188(1)(b): imprisonment for 10 years for any other property. Local Court caps: 100 penalty units or 2 years where the value exceeds $5,000, 50 penalty units and/or 2 years if not over $5,000, and 20 penalty units and/or 2 years if not over $2,000.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This offence is committed where a person receives, disposes of, or attempts to dispose of property, knowing it was stolen, and where the stealing itself was a serious indictable offence. The prosecution must prove actual knowledge that the property was stolen, not merely that the accused should have suspected it. A higher maximum applies where the property is a motor vehicle or vessel, or a part of one.
How it is dealt with
Per the Judicial Commission Local Court Bench Book: Table 1, or Table 2 where the value is not over $2,000.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
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