Handling Stolen Goods Flashcards
Define Handling Stolen goods? and what section is it contained in, what type of offence is it?
Theft Act 1968 s.22- It is either-way offence with a maximum sentence at the crown court of 14 years imprisoment.
A person handles stolen good if knowing or believing them to be stolen he dishonestly receives the good or dishonestly undertakes or assists in their retention, removal or disposal or realisation by or for the benefit of another person
What are the different types of ways the offence can be committed?
- Receiving
- Undertaking in retention, removal, disposal or realisation
- Assisting in retention, removal, disposal o realisation
- Arranging to reciveve
- Arranging to undertake retention
- Arranging to assist in retention
What elements needed to be proven by the prosecution for handling stolen goods
- Goods- This term cover “money and every other description of property except land and includes things severed from the land by stealing”
- Stolen
- Receiving
- Undertaking or assisting
- Otherwise than in the course of stealing
- Dishonesty
- Knowing or believing goods to be stolen
- Evidence
Element of Recieving(poession)
There is no statutory definition.
- Receiving means taking possession or control of the goods whether jointly or exclusively.
- Possession on its own is not sufficient there needs to be an intention to posses. Cavendish 1961
- must be shown that he had become aware of their existence and that he exercised some control over them
- that they came there at his invitation or by some arrangement.
- Receiving and arranging to receive are the only types of handling where the act does not have to be for the benefit of another.
Element of undertaking or assisting in their retention
Undertaking= he or she does it himself
Assist= he or she helps another person perform that activity
Per Brown 1970 assisting in retention requires a positive act by the defendant.
Per R v Sanders it was held that the mere use of goods known to be stolen could not amount to assisting in their retention.
It must be proved that in some way the accused was assisting in their retention by concealing or making them more difficult to identify or by hiding them pending their ultimate disposal’.
The innocent purchaser cannot be the “another person”.
Otherwise in the course of stealing?
Theft has to be complete for someone to be convicted of handling stolen goods.
Where the defendant is found in possession of items recently stolen, absence of an explantation or one which is satisfactory the court can infer guilt.
However guilt of what? does this amount to a theft or handling? a court is not entitled to convict simply on the basis of which ever seems the more likely explanation.
The court can convict of theft in any event because even if the defendant was the handler, he will still be guilty of theft. Therefore, if evidence is ambiguous, should expect prosecution to charge theft as an alternative to handling .
Element of Dishonesty?
Theft act requires handlers to be dishonest.
POTENTIAL DEFENCE Someone who receives stolen goods intending to pass them to the police or to return them to their lawful owner is not dishonest. the test for dishonest in gosh 1982
Element of Knowing or believing the goods are stolen
The prosecution have to prove that the defendant had knowledge or belief that the goods were stolen has to at the time of the handling.
If the innocent party subsequently becomes aware that the items were stolen and continues with their retention, this may amount to apportion and subsequently theft (section 3).
DEFENCE Section 3(2) there will no apportion and no theft in circumstances where the goods are purchased by someone in good faith even if they become that they are stolen.
s27 of theft act ???
Under the Theft act 1968 s27 evidence of previous convictions for theft and handling stolen goods or of other stolen property in the possession of the defendant may be used to prove guilty knowledge or belief that the current goods are stolen.
Under section 27 (3) (a) the prosecution at the trial for handling stolen goods can cite evidence that the defendant has had in possession stolen goods from any theft taking place not earlier than 12 months before the offence charged.
This is irrespective of whether the defendant had guilty knowledge or belief at that time.
The only relevance of the fact is that the previous occasion would have served as a warning to be more careful in the future.
To adduce evidence the prosecution simply need to give seven day notice in writing.
Sentencing for stolen goods
Maximum 14 years
Offence discharge- 8 years custody
Element of Stolen
The good must actually be stolen, mere belief that the good are stolen is not sufficient.
-There must also be a thief, if the thief is under 10 years old then they cannot be the handler.
- Person receiving the good from a 10 year old would be deemed as a thief based on the fact that handling is an act of appropartion.
- stolen goods also cover the proceeds of the stolen goods themselves
Element of goods
this covers money and any other property except land and includes severed from the land by stealing.
Defences
S3(2) there will be no aproporation or theft if the defendant buy the goods, in good faith even if they subsequently become aware that the goods were stolen.
- the defendant did not know at the time of handling that the goods were stolen.
- if only evidence is recent poession, staying silent may be beneficial even though defendant may eb charged with theft, sentencing will be lower
- defendant had intention to try and return the goods to the police or lawful owner.
- the defendant did not have intention to posses the items
