What the law says
Sections 16 of the Summary Offences Act Queensland states:
A person must not unlawfully possess a thing that is reasonably suspected of having been stolen or unlawfully obtained.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused was in possession of the property.
- The accused did not have permission to have the property.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
The Maximum penalty for the offence of Unlawful Possession of Suspected Stolen Property is 20 penalty units or 1 years imprisonment
Which court will hear the matter
This matter is simple offence which means it is dealt with in the Magistrates Court.
Possible defences to this offence include but are not limited to
- The accused was not in possession of the property.
- The accused had permission to have the property
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Unlawful Possession of Suspected Stolen Property matters)