Handling stolen goods is a serious criminal offence under section 88 of the Crimes Act 1958 (Vic). It can arise in many different circumstances — from buying goods that turn out to be stolen, to helping someone store, move, or sell property that was taken dishonestly. A conviction carries a maximum penalty of 15 years imprisonment, making it one of the more serious property offences in Victoria.

At Angus Cameron and Partners, we represent clients facing handling stolen goods charges across the Magistrates' and County Court on a weekly basis. If you have been charged with this offence, understanding what the prosecution must prove is the first step to understanding your position.

The Offence

To secure a conviction, the prosecution must prove each of the following four elements beyond reasonable doubt:

  • you handled goods;
  • the goods were stolen goods at the time you handled them;
  • you knew or believed the goods were stolen at the time you handled them; and
  • your handling of the goods was dishonest.

If the prosecution cannot prove each of these elements beyond reasonable, you will be acquitted.

What Does "Handling" Mean?

The law defines "handling" broadly. Section 88 of the Crimes Act identifies a large number of ways in which a person can handle goods. The most common is simply receiving them — that is, taking them into your possession. But handling also includes:

  • bringing stolen goods into Victoria, or helping someone else do so;
  • retaining, removing, disposing of, or realising stolen goods for the benefit of another person; and
  • helping another person to retain, remove, dispose of, or realise stolen goods.

Receiving goods

You "receive" goods by taking them into your possession — meaning you had custody or control over them and intended to do so. You do not need to physically hold the goods yourself. If goods are held by someone else but are available to you on request because of your control over that person, you may be taken to have received them.

What Are "Stolen Goods"?

Goods are stolen goods if they were taken by theft, obtained by blackmail, or obtained by deception. Goods stolen in Victoria or elsewhere can form the basis of a handling charge, depending on the circumstances.

Goods can also be "stolen goods" if they represent the proceeds of stolen property — for example, money received by selling stolen items.

Knowledge or Belief That the Goods Were Stolen

This is often the central issue in a handling case. The prosecution must prove that you actually knew or believed the goods were stolen — not merely that you suspected it, or that you should have known.

Suspicion alone is not enough to convict you. Equally, the fact that you were careless or failed to ask questions does not prove knowledge or belief. The prosecution must establish your actual state of mind at the time.

Dishonesty

The prosecution must also prove that you acted dishonestly. In the context of handling stolen goods, dishonesty means acting without any genuine claim of legal right to the goods. If you genuinely believed you had a right to handle the goods — even if that belief was mistaken — this element may not be made out.

Common defences

Being charged with handling stolen goods does not mean you will be convicted. There are a number of defences that may apply to your circumstances.

Lack of knowledge or belief

If you did not know and did not believe the goods were stolen, you cannot be convicted of this offence. This is the most commonly run defence. The prosecution must prove your actual state of mind — not what a reasonable person in your position would have known or believed. Evidence about how you came to have the goods, what you were told about them, the price you paid, and any other relevant circumstances will all be relevant to this question.

Goods were no longer stolen

If the goods had ceased to be stolen at the time you handled them — for example, because they had been returned to their owner or taken into police possession — this element of the offence will not be made out.

Penalties

Handling stolen goods carries a maximum penalty of 15 years imprisonment. The offence is indictable but it can be heard in either the Magistrates' or County Court of Victoria. Usually, the determining jurisdictional factor is the value of the goods involved.

In practice, sentences vary widely depending on the value of the goods, the nature of the handling, the accused's criminal history, and the degree of involvement in the broader criminal enterprise. Not every handling charge results in imprisonment — particularly for first offenders or where the value of the goods is low.

FAQs

What is the difference between theft and handling stolen goods?

Theft involves taking property that belongs to someone else with the intention of permanently depriving them of it. Handling stolen goods involves dealing with property that has already been stolen by someone else. Both offences involve the essential element of 'dishonesty'.

Can I be convicted if I did not know the goods were stolen?

No. Knowledge or belief that the goods were stolen is an essential element of the offence. If you genuinely did not know — and did not believe — the goods were stolen, you cannot be convicted. However, the prosecution can ask the jury to infer your knowledge or belief from the circumstances, such as the price you paid, the manner of the transaction, or other surrounding facts.

What if I just suspected the goods might be stolen?

Suspicion is not enough. The law requires actual knowledge or belief. If you merely suspected the goods might be stolen but were not sure, and went ahead with the transaction anyway, that is not sufficient to prove the knowledge or belief element. However, the line between suspicion and belief can be a fine one, and the jury will assess your state of mind based on all the circumstances. In borderline cases, accused people will often be charged with a lesser alternative such as negligently dealing with proceeds of crime.

I bought the goods — does that mean I "received" them?

Yes, in most cases. Receiving goods means taking them into your possession, and a purchase generally involves doing exactly that. If you knew or believed the goods were stolen at the time of purchase, you may be guilty of handling by receiving. If you did not know, you have a defence.

What is the maximum penalty for handling stolen goods?

The maximum penalty is 15 years imprisonment, however, the actual sentence in any given case will depend on the circumstances of the offending, the value of the goods, the accused's role, and their personal circumstances and history.

Will I go to jail for handling stolen goods?

Not necessarily. The outcome depends on the circumstances of your case — including the nature and value of the goods, your level of involvement, your criminal history, and whether you pleaded guilty. Many handling matters, particularly at the lower end of seriousness, are resolved without a custodial sentence. An experienced criminal defence lawyer can advise you on the realistic range of outcomes in your matter.

Do I need a lawyer if I am charged with handling stolen goods?

Yes. Handling stolen goods is an indictable offence with a maximum penalty of 15 years imprisonment. The elements of the offence — particularly knowledge or belief — are often genuinely contested, and the outcome of a case can turn on careful analysis of the evidence and precise instruction of the jury. You should seek legal advice as soon as possible after being charged.

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