Our experienced criminal law solicitors have prepared a brief overview of the law relating to bringing stolen goods into Queensland.
If you or someone you care about is facing a charge of bringing stolen goods into Queensland, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other criminal charges, visit our DISHONESTY OFFENCES.
Bringing Stolen Goods into Queensland – The Law
Section 406 of the Criminal Code of Queensland creates the offence of bringing stolen goods into Queensland. The section provides:
Any person who, having at any place not in Queensland obtained any property by any act which if it had been done in Queensland would have constituted the crime of stealing, and which is an offence under the laws in force in the place where it was done, brings such property into Queensland, or has it in the person’s possession in Queensland, is guilty of a crime, and is liable to the same punishment as if the person had stolen it in Queensland; but so that the punishment does not exceed that which would be incurred for the same act under the laws in force in the place where the act by which the person obtained the property was done.
Elements of the offence
To be found guilty of the offence of bringing stolen goods into Queensland, the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- That at any place not in Queensland
- Obtained property
- By an act that would have been the offence of stealing if done in Queensland
- Where the act is an offence under the law where it was committed
- Brings the property into Queensland
The maximum penalty for the an allegation of bringing stolen goods into Queensland is not more than 5 to 14 years depending on the penalty that would have applied where the offence was committed.
Jurisdiction – Where will the matter be heard?
The offence of bringing stolen goods into Queensland is an indictable offence.
The charge will initially be commenced in the Magistrates Court, and will ultimately proceed on Indictment and be finalised in the Supreme Court of Queensland.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of bringing stolen goods into Queensland. Generally a conviction would not be recorded for a first offence for this type of offence, although one is likely for subsequent convictions.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
For legal advice specific to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.