Handling Stolen Goods Flashcards
What is handling stolen goods?
Theft Act 1968, s22
(1) A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so
What is the sentence for handling stolen goods?
Triable either way
14 years’ imprisonment on indictment
What are the 2 forms of handling?
- Where the offender receives or arranges to receive stolen goods- he is acting for his own benefit
- Where the offender assists another or acts for the benefit of another
Can handling be committed if the goods aren’t stolen?
Handling can only be committed otherwise than in the course of stealing. The ‘stealing’ referred to is the time whereby the original goods became ‘stolen’ in the first place.
If ‘goods’ are not ‘stolen goods’, there is no handling. Whether they are so stolen is a question of fact for a jury or magistrate(s)
Can the thief be guilty of handling stolen goods?
NO! A thief is not a handler, they are a thief so they can never be guilty of handling stolen goods.
What offence will be considered instead of handling if the goods are yet to be stolen? Case?
If the goods have yet to be stolen, s. 22 would not apply and the offence of conspiracy should be considered (R v Park (1988))
What are the 5 different ways the offence can be committed?
- Knowing or believing the goods to be stolen, he dishonestly receives or arranges to receive goods- intends the stolen goods will end up in his possession or under his control (dirty hands)
2-5. Dishonestly undertake or assist or arrange to take part in:
(a) the retention
(b) the removal
(c) the disposal
(d) the realisation of the goods
by or for the benefit of another
What is the meaning of goods?
Theft Act 1968, s34(2)(b)
‘Goods’, except insofar as the context otherwise requires, includes money and every other description of property except land, and includes things severed from the land by stealing
- A thing in action is ‘goods’ because it falls within every other description of property
Must the stealing be carried out in England and Wales?
Theft Act 1968, s24
(1) Applies whether the stealing occurred in England or Wales or elsewhere, and whether it occurred before or after the commencement of this Act, provided that the stealing amounted to an offence where and at the time when the goods were stolen
This means property can be stolen anywhere, as long as the theft amounted to an offence where committed
What is the meaning of stolen goods?
Theft Act 1968, s24
(2) Stolen goods include, in addition to the goods originally stolen and parts of them (whether in their original state or not),—
(a) any goods which directly or indirectly represent or have at any time represented the stolen goods in the hands of the thief as being the proceeds of any disposal or realisation of the whole or part of the goods stolen or of goods representing the stolen goods; and
(b) any other goods which directly or indirectly represent or have at any time represented the stolen goods in the hands of a handler of the stolen goods or any part of them as being the proceeds of any disposal or realisation of the whole or part of the stolen goods handled by him or of goods so representing them
When do goods cease to be stolen?
Theft Act 1968, s24(3)
No goods shall be regarded as having continued to be stolen goods after they have been restored to the person from whom they were stolen or to other lawful possession or custody, or after that person and any other person claiming through him have otherwise ceased as regards those goods to have any right to restitution in respect of the theft
Are the proceeds of stolen property classed as ‘stolen goods’?
When stolen goods are sold on or otherwise realised, the monetary proceeds or any new goods bought with those proceeds (the buyer knowing or believing it to come from stolen goods) are to be treated just like the goods themselves!!
What happens when police officers recover the stolen property?
Houghton v Smith [1975]- When police officers recover stolen property then wait for it to be collected by a handler, D can be dealt with in a variety of ways under the Criminal Attempts Act 1981 and common law rulings of ‘impossibility’:
- Theft—collecting the property will be an ‘appropriation’.
- Handling—an arrangement to come and collect stolen goods will probably have been made while they were still ‘stolen’.
- Criminal attempt—the person collecting the goods has gone beyond merely preparing to handle them
What is the AR for handling?
Offence can be divided into 2 parts:
- Receiving/arranging to receive stolen goods (D acts for his own benefit)
- Assisting/acting for the benefit of another person (D assists another or benefits another)
What does receiving mean?
This form of handling is committed at the point the ‘stolen goods’ are received. However, receiving does not require the physical reception of goods and can extend to exercising control over them. Things in action, such as bank credits from a stolen cheque, can be ‘received’
‘Arranging to receive’ does not go as far as an attempt but can still be considered handling