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7.5.10.3 - Checklist: Handling Stolen Goods

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Four elements the prosecution must prove beyond reasonable doubt:

  1. The accused handled goods; and
  2. The goods were stolen goods; and
  3. The accused knew or believed the goods were stolen goods; and
  4. The accused handled the goods dishonestly.

 

Handling goods

1. Did the accused handle goods?

Consider - Did the accused [identify goods and relevant form of handling]?

If Yes, then go to 2

If No, then the accused is not guilty of Handling Stolen Goods

Stolen Goods

2. Were the goods the accused handled stolen goods?

If Yes, then go to 3

If No, then the accused is not guilty of Handling Stolen Goods

Knew or believed the goods were stolen

3. Did the accused know or believe that the goods were stolen at the time of the handling?

If Yes, then go to 4

If No, then the accused is not guilty of Handling Stolen Goods

Dishonesty

4. Was the accused acting dishonestly at the time of handling the goods?

Consider - Has the prosecution proved that the accused did not believe that he/she had a legal right to [identify relevant form of handling]?

If Yes, then the accused is guilty of Handling Stolen Goods
(as long as you also answered Yes to Questions 1, 2 and 3)

If No, then the accused is not guilty of Handling Stolen Goods

 

Last updated: 1 July 2011

 

See Also

7.5.10 - Handling Stolen Goods

7.5.10.1 - Charge: Handling by Receiving

7.5.10.2 - Charge: Handling for the Benefit of Another