handling stolen goods - property offences

Question 1

S22 TA 1968

Answer 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 and assists in their retention, removal, disposal or realisation by or for the benefit of another person or if he arranges to do so.”

Question 2

AR

Answer 2

An extremely wide-ranging offence, moving well beyond D taking physical control of V’s recently stolen goods

Core issues are around the words goods, stolen and handling

Question 3

Goods

Answer 3

S34(2)b TA 1968

“Goods…includes money and every other description of property except land, and includes things severed from the land by stealing.”

Remains the same as property defined on S4 with the exception of land – non severed fixtures are property but will not be goods in this offence

Question 4

stolen

Answer 4

For there to be a handling offence, it must be demonstrated that the goods were actually stolen

S24 TA 1968

The goods can be stolen from theft, robbery, burglary, blackmail or fraud

Does not matter whether D personally committed, but it should be demonstrated that someone did

Question 5

Defazio v DPP 2007

Answer 5

V’s missing credit card was found in D’s house, D charged with handling stolen goods

Appeal allowed, just because it was found does not mean that it was stolen

When goods are found, and there is doubt on their status, the fact that D has been told by another that they are stolen is not sufficient to demonstrate they are stolen

Material evidence such as witnessing the things being stolen, buying in suspicions circumstances or getting for an unrealistically low price may be enough

Question 6

handling

Answer 6

S22(1) “a person handles if he…receives the goods, or undertakes or assists in their retention, removal, disposal, or realisation by or for the benefit of another person…”

Question 7

receives or arranges to receive

Answer 7

If goods are found on D’s premises will not be sufficient, it must be shown that they are there by D’s invitation or agreement – receiving requires D’s active participation

Question 8

retention

Answer 8

• D acts in a way which makes it likely that stolen goods will be kept

Question 9

removal

Answer 9

• D assists with moving the goods from one location to another

Question 10

disposal

Answer 10

D to destroy, sell or exchange the stolen goods

Question 11

realisation

Answer 11

requires D to exchange goods for money or other property and overlaps with disposal

Question 12

for the benefit of another

Answer 12

• It must be shown that D has acted for the benefit of another – this ensures that every theft doesn’t become a stolen goods issue

Question 13

mens rea of S22

Answer 13

• There are 2 main MR elements, knowledge or belief that the goods are stolen and honesty

Question 14

knowledge or belief

Answer 14

Subjective MR terms and it must be proved that D believed or knew that the goods were stolen

Suspicion or recklessness that the goods are stolen will never be enough

If D is suspicion but doesn’t look into it to remain ignorant, it will not be sufficient for handling stolen goods

Question 15

dishonesty

Answer 15

Using the previous Ivey test:

What was the actual state of D’s knowledge or belief as to the facts?

And in the context of the above, Was D’s conduct dishonest by the standards of ordinary, decent people?