Law Information - Other Criminal Offences - TAS

Possession of stolen property

Date: 09/01/2009

The Law -

Police Offences Act 1935 – SECT 39

39. Possession of stolen property

(1) A person must not have possession or control of any property that is reasonably believed by a police officer to have been stolen or unlawfully obtained.

What the prosecution must prove - Possession of stolen property

(a) the accused is correctly identified as the offender

(b) the accused had possession or control of the property

(c) the police officer had a reasonable belief that the property was stolen or unlawfully obtained

The Maximum Penalty for Possession of stolen property is

A person who is found guilty of this offence is liable on summary conviction to imprisonment for a term not exceeding –

(a) 12 months for a first offence; or

(b) 2 years for a second or subsequent offence.

Possible Defences - Possession of stolen property

(a) It is a defence to proceedings for a person to provide a satisfactory account of possession or control of the property.

(b) Duress

(c) Factual dispute

(d) Identification dispute

(e) Lack of intent

(f) Mental impairment

(g) Necessity

The Court process - Possession of stolen property

Magistrates Court