You are accused of receiving stolen goods and don’t quite understand what it involves? Here is an overview that, although not exhaustive, will help you better understand this offense.
Defining and Contextualizing Receiving Stolen Goods
First, receiving stolen goods consists of possessing an item that comes from the commission of a criminal act. The accused must have possession of the item and be aware of its illicit origin.
Demystifying “Possession” of the Illicit Item
Regarding possession, it is important to know that it does not necessarily mean having the item physically in one’s hands. The Criminal Code states that when an individual is aware of the nature of the object and exercises a certain control over it, they are considered to have possession. It is also possible to jointly possess an item with another person. Moreover, helping another person hide an object that comes from a criminal offense also constitutes receiving stolen goods under the Code.
Demonstrating Knowledge of the Item’s Origin
Regarding the element of knowledge of the item’s origin, this can be demonstrated in several ways, notably through wilful blindness. This means that an accused who claims not to have known the origin of the item may still be found guilty if they should have known the item came from illicit activity.
Furthermore, it is essential that the item in the accused’s possession comes from the commission of an offense. This offense is often related to theft when, following the commission of this offense, the individual ends up in possession of the stolen item. The item may thus be the stolen good itself or the money obtained from its sale.
The Public Prosecutor and Receiving Stolen Goods Charges
It is important to understand that a person convicted of theft of a good cannot also be found guilty of receiving that same good at the end of the judicial process if the possession is contemporaneous with the theft, meaning it is the same offense. Doing so would result in double punishment for the same act, which is not permitted under Canadian criminal law.
It is the public prosecutor who bears the burden of proving that the item in an individual’s possession comes from an offense. The fact that the individual is found guilty of theft serves as proof that the item originates from theft.
If the accused is found with the item in their possession shortly after the crime, it will be presumed that they knew of its illicit origin. The judge may draw an inference of guilt for the theft, but also for any crime related to the theft when the accused is found in recent possession of stolen goods. The accused may counter this inference by providing an explanation that could be true.
To Learn More About Receiving Stolen Goods Charges
As you can see, the offense that can be classified as receiving stolen goods closely resembles that of theft in several respects. In fact, the penalties are the same for both crimes. In both cases, the accused is liable to up to ten years of imprisonment when the value exceeds $5,000. Nevertheless, there are distinctions between the two that may not be obvious to understand. Do not hesitate to get in contact with us if you have any questions!
