Receiving stolen goods in NSW.

What is receiving?

Receiving under section 188 is committed by a person who receives, disposes of, or attempts to dispose of property, knowing it to have been stolen or otherwise unlawfully obtained. The property must have been stolen in circumstances amounting to an indictable offence.

The offence targets the person who takes in or deals with stolen property rather than the person who stole it. Both the receiver and the thief can be prosecuted, but for different offences.

What does the prosecution have to prove?

There are three parts. First, that the property was in fact stolen or unlawfully obtained. Second, that the accused received it or dealt with it. Third, that at the time the accused knew the property was stolen. Knowledge is the part most often in dispute.

Knowledge means actual knowledge or belief that the goods were stolen. A suspicion is not enough by itself, though the circumstances can allow a court to infer knowledge, for example where goods were bought far below value, with no history, and in unusual circumstances.

What are the penalties?

Under section 188 the maximum penalty is 10 years imprisonment for most property, rising to 12 years where the property is a motor vehicle or a motor vehicle part, or a vessel or a vessel part. The offence can often be dealt with in the Local Court where the value is within the table limits, which caps the penalty the Local Court can impose.

Where the property was stolen in circumstances amounting only to a minor indictable offence, a related offence under section 189 applies with a lower maximum. The way the underlying theft is characterised affects the receiving charge.

How is receiving different from goods in custody?

Goods in custody under section 527C is a lesser and different offence. It applies where a person has custody of goods that may reasonably be suspected of being stolen or unlawfully obtained. It does not require proof that the person knew the goods were stolen, only a reasonable suspicion, and the person can raise a satisfactory account.

Because goods in custody has a lower threshold and a lower penalty, it is sometimes charged where knowledge cannot be proved for receiving. The choice of charge matters a great deal to the person accused.

How is a receiving charge defended?

Knowledge is usually the key issue. A person who genuinely believed the goods were legitimate, who paid a fair price, or who had a plausible account of how they came by the property, has a real answer to the charge. The prosecution has to prove knowledge beyond reasonable doubt.

Possession and connection can also be in issue. Did the accused actually receive or deal with the property, or merely have some passing contact with it? What a person says at the scene or in a police interview often decides these cases, so early advice is worthwhile.

Frequently asked.

What is receiving stolen goods?

Receiving, disposing of, or attempting to dispose of property knowing it was stolen or unlawfully obtained. It is an offence under section 188 of the Crimes Act 1900 (NSW).

What does the prosecution have to prove?

That the property was stolen, that the accused received or dealt with it, and that the accused knew it was stolen at the time. Knowledge is the element most often disputed.

What is the maximum penalty?

Ten years imprisonment for most property under section 188, rising to 12 years for a motor vehicle or vessel or a part of one. Many matters are dealt with in the Local Court where value permits, which limits the penalty.

What is the difference between receiving and goods in custody?

Receiving requires proof the person knew the goods were stolen. Goods in custody under section 527C requires only that the goods may reasonably be suspected of being stolen, and it carries a lower penalty. Goods in custody is sometimes charged when knowledge cannot be proved.

Is buying a cheap second-hand item a crime?

Not by itself. The offence requires knowledge that the goods were stolen. A genuine belief that the goods were legitimate, and a fair account of how they were acquired, is a defence, though a very low price and unusual circumstances can allow a court to infer knowledge.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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