Handling stolen goods is a dishonesty offence that, perhaps surprisingly, carries a higher maximum penalty than theft itself. It is an offence under section 88 of the Crimes Act 1958, and is frequently charged as an alternative to theft. McMahon Criminal Defence Lawyers defends these charges at the Ballarat Magistrates’ Court and across Victoria on fixed fees.
What is Handling Stolen Goods?
Under section 88 of the Crimes Act 1958, a person handles stolen goods if, knowing or believing them to be stolen, they dishonestly receive the goods, or dishonestly undertake or assist in their retention, removal, disposal or realisation for the benefit of another person. The offence is about more than simply receiving — it captures a range of dealings with goods known or believed to be stolen.
What the Prosecution Must Prove
- the goods were in fact stolen;
- the accused handled them (received, retained, removed, disposed of or realised them);
- the accused knew or believed the goods were stolen; and
- the handling was dishonest.
The knowledge-or-belief element is often the key battleground — the prosecution must prove the accused actually knew or believed the goods were stolen, not merely that they should have suspected it.
Penalty and Relationship to Theft
The maximum penalty is level 4 imprisonment (15 years) — higher than the 10-year maximum for theft. Despite this, the offence is frequently dealt with in the Magistrates’ Court, where a single charge is subject to a lower maximum, and outcomes without conviction are common for less serious matters. Where theft and handling are charged together as alternatives and both are proven, the court must find the accused guilty of theft rather than handling.
Defending the Charge
- Lack of knowledge or belief — the accused did not know or believe the goods were stolen;
- No dishonesty;
- The goods were not in fact stolen, or handling is not established;
- Identification or factual dispute; and
- Negotiated resolution, including a reduced charge such as dealing with property suspected of being proceeds of crime.
If you are facing this charge, contact us for advice. See also our main theft and dishonesty offences page.
Frequently Asked Questions
Why does handling stolen goods carry a higher penalty than theft?
Handling stolen goods carries a maximum of 15 years, compared with 10 years for theft, reflecting Parliament’s view that those who deal in stolen property sustain the market that makes theft profitable. In practice, both are frequently dealt with in the Magistrates’ Court at far lower penalties.
What does the prosecution have to prove for handling stolen goods?
That the goods were stolen, that you handled them, that you knew or believed they were stolen, and that your handling was dishonest. The knowledge-or-belief element is critical — mere suspicion or carelessness is not enough; the prosecution must prove actual knowledge or belief.
I didn’t know the goods were stolen. Is that a defence?
Yes. If you genuinely did not know or believe the goods were stolen, the offence is not made out. The prosecution must prove your actual state of mind, so a genuine lack of knowledge or belief is a complete defence.
What’s the difference between handling stolen goods and theft?
Theft is dishonestly taking property. Handling is dishonestly dealing with goods you know or believe were already stolen by someone else — receiving, retaining, removing, disposing of or realising them. Where both are charged as alternatives and proven, the law requires a finding of theft.
Can handling stolen goods be resolved without a conviction?
Yes, for less serious matters this is a realistic outcome. Despite the high maximum penalty, the offence is commonly dealt with in the Magistrates’ Court, and findings of guilt without conviction are achievable depending on the circumstances and how the matter is presented.
Get Expert Legal Advice — Fixed Fees, No Surprises
McMahon Criminal Defence Lawyers provides experienced, fixed-fee representation for this charge and all criminal matters, appearing at the Ballarat Magistrates’ Court and across Victoria. Contact us for a free, confidential initial consultation.
Get in Touch
Contact us today for a confidential consultation with an experienced criminal defence lawyer.