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Written by
Greg Barns
Criminal Defence Lawyer


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Other Criminal Offences - TAS
Welcome to the TAS Possession of stolen property article page. Everything you need to know about Possession of stolen property according to TAS law - Dated: 09/01/2009

What the Law States according to TAS Law for Possession of stolen property
According to TAS Law for the charge of Possession of stolen property,

Police Offences Act 1935 – SECT 39

39. Possession of stolen property

(1) A person must not have possession or control of any property that is reasonably believed by a police officer to have been stolen or unlawfully obtained.

The Maximum Penalty - Possession of stolen property
According to TAS Law for the charge of Possession of stolen property,

A person who is found guilty of this offence is liable on summary conviction to imprisonment for a term not exceeding –

(a) 12 months for a first offence; or

(b) 2 years for a second or subsequent offence.

What the Police must prove according to TAS Law for Possession of stolen property

(a) the accused is correctly identified as the offender

(b) the accused had possession or control of the property

(c) the police officer had a reasonable belief that the property was stolen or unlawfully obtained

Possible Defences under TAS Law - Possession of stolen property

(a) It is a defence to proceedings for a person to provide a satisfactory account of possession or control of the property.

(b) Duress

(c) Factual dispute

(d) Identification dispute

(e) Lack of intent

(f) Mental impairment

(g) Necessity

In TAS which court will hear the matter - Possession of stolen property

Magistrates Court

n/a
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