Canadian Criminal Code identifies the possession of the stolen property as a prison offence punishable by fines and different penalties.
The standards for the crime embrace:
- Being in possession of the property.
- The property in query was obtained by way of a prison act.
- You have been properly conscious that the merchandise you have been in possession of was obtained by way of prison means.
- You have been conscious that you simply have been in possession of stated stolen property.
If convicted, the Crown could determine the kind of punishment that the defendant ought to obtain, which means that sentencing varies on a case-by-case foundation. The penalties will possible rely upon the worth of the stolen property, with a $5,000 threshold figuring out the worst set of punishments. Both aspect of the $5,000 threshold is typically generally known as ‘possession underneath’ and ‘possession over.’
You probably have been accused of being in possession of stolen property, it’s completely important that you simply search authorized illustration from an skilled prison defence lawyer with out additional delay. William Jaksa Criminal Litigation has over a decade of prison legislation authorized expertise, making our legislation agency a reliable supply on your authorized recommendation and courtroom illustration.
What Are Widespread Examples of Coming into Possession of Stolen Property?
Widespread authorized methods for accusations of the possession of stolen property embrace:
- Harmless possession of the piece of property.
- Lack of possession of the property in query.
- Proper to own the property.
- The police carried out an unreasonable or unauthorized search and seizure.
- Unaware that you simply have been in possession of stolen property (lack of mens rea).
What Are the Potential Penalties for Possession of Stolen Property in Auckland?
There isn’t any minimal penalty for possessing stolen property, however most penalties exist.
The utmost penalty for stolen objects valued at $5,000 or extra is a decade of jail time and extra fines.
Among the many best prison defence methods for the crime of possession of the stolen property is arguing an absence of mens rea.
Mens rea is a authorized time period referring to prison intent. The interpretation from the unique Latin is, ‘responsible thoughts.’ In an effort to be responsible of the possession of stolen property, an individual will need to have knowingly stolen the merchandise or bought an merchandise that they knew to be stolen. An absence of prison intent, and a willingness to show over the property as soon as it’s revealed to have been acquired by lower than authorized means, could clear a person of any prison wrongdoing.
Contemplate the state of affairs of buying an merchandise at a resale retailer. You suppose you’ve discovered an awesome deal, so you purchase the merchandise you discovered on the retailer. In the event you imagine the deal to be ‘too good to be true’ and presumably a ‘scorching merchandise’ acquired by way of unlawful means, you shouldn’t buy the merchandise. But when that thought doesn’t happen to you and you buy the merchandise merely believing your self to have discovered an awesome deal, you ought to be within the clear. If the merchandise you got is later revealed to be stolen property, it should be turned over, and you have to try and show that you simply bought it with no prison intent or an absence of mens rea.
Seek the advice of with an Skilled Auckland Criminal Defence Lawyer About Your Case Right this moment
In the event you’ve been accused of being in possession of stolen property, it’s completely crucial that you simply seek the advice of with a authorized skilled to debate your case in additional element. Theft and stolen property crimes are critical and to not be taken evenly. Even if you happen to keep away from jail time, a conviction may comply with you for many years to come back, making it difficult to acquire the employment alternatives you might be after.
The William Jaksa Criminal Litigation legislation agency has the expertise and observe report of success to give you a stable authorized defence. We have now spent years defending clients throughout Auckland, Auckland with their prison defence wants. To be taught the authorized providers we could possibly present, please contact our legislation workplaces at this time to request a case analysis.
Name us at this time at 647-951-8078.
