Property Crime

Question 1

B&E - circumstances of aggravation means circumstances involving any one or more of the following:

Answer 1

(a) the alleged offender is armed with an offensive weapon, or instrument,
(b) the alleged offender is in the company of another person or persons,
(c) the alleged offender uses corporal violence on any person,
(d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(e) the alleged offender deprives any person of his or her liberty,
(f) the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

Question 2

B&E - circumstances of special aggravation means circumstances involving any or all of the following:

Answer 2

(a) the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
(b) the alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
(c) the alleged offender is armed with a dangerous weapon.

Question 3

527C Persons unlawfully in possession of property is:

Answer 3

a) Accused
b) Had any thing
c) In his/her custody, or custody of another, or in premise
d) Which is reasonably suspected of being stolen or unlawfully obtained

Question 4

527C GIC things to be considered.

Answer 4

• Onus is on the goods (do not need to prove ‘stolen’)
• Defence will have to satisfy a court that they had no reason to suspect property was stolen or unlawfully obtained. Judged on the balance of probabilities
• Consider; value, condition of property etc

Question 5

193C Dealing with property suspected of being proceeds of crime

Answer 5

a) The accused
b) Dealt with property
c) Reasonably suspected to be proceeds of crime

Question 6

193C What is the definition of “dealt with” when referring to proceeds of crime?

Answer 6

“Dealt” with includes:

• Receive, possess, conceal or dispose
• Bring/cause to be brought into NSW, including transfer/cause to be transfer by electronic communication
• Engaging directly or indirectly in a transaction, including receiving or making a gift

Question 7

188 Receiving stolen property where stealing a serious indictable offence

Answer 7

a) The accused
b) Received/disposed/attempted to dispose of property
c) The property was stolen
d) Such stealing was a serious indictable offence
e) Knew the property was stolen

Question 8

188 What are points to consider with goods that are suspected of being stolen?

Answer 8

• Value of vs value purchased
• Condition (old, new, in packaging, tags attached)
• Presence or absence of serial numbers
• Circumstance of sale (who, where)
• Receipts

Question 9

Pawnbrokers and Second-hand Dealers Act 1996

24 False or misleading information

Answer 9

A person must not, in purported compliance with a requirement under this Act to furnish information, make or furnish any statement that the person knows is false or misleading.

Question 10

Pawnbrokers and Second-hand Dealers Act 1996

What is the holding period for a PAB55 Holding Notice?

Answer 10

• Initially 56 days
• Subsequent notice can be served for a further 56 days from the expiry of the previous notice. (112 days total)
• Court order should be sought for the return to goods to the owner and compensation to the dealer