CRIMINAL CODE 2002 - SECT 366 Procedure and evidence—theft, receiving etc

CRIMINAL CODE 2002 - SECT 366

    (1)     Any number of defendants may be charged in a single indictment with theft or receiving in relation to the same property and the defendants charged may be tried together.

    (2)     Any number of defendants may be charged in a single indictment with obtaining property by deception or receiving in relation to the same property and the defendants charged may be tried together.

    (3)     On the trial of a defendant or 2 or more defendants for theft, unless the court otherwise orders, a count on the indictment may include an allegation that the defendant or 1 or more of the defendants stole 2 or more items of property.

    (4)     On the trial of a defendant or 2 or more defendants for receiving, unless the court otherwise orders, a count on the indictment—

        (a)     may include an allegation that the defendant or 1 or more of the defendants received 2 or more items of property; and

        (b)     may include the allegation whether or not all the items of property were received from the same person or at the same time.

    (5)     If, on the trial of a defendant for receiving, it is proved that the defendant had 4 or more items of stolen property in his or her possession, it must be presumed, unless there is evidence to the contrary, that the defendant—

        (a)     received the items; and

        (b)     at the time of receiving them, knew or believed them to be items of stolen property.

    (6)     The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (5).

    (7)     On the trial of 2 or more defendants for jointly receiving stolen property, the trier of fact may find a defendant guilty if satisfied that the defendant received all or any of the stolen property, whether or not the defendant received it jointly with 1 or more of the other defendants.

    (8)     On the trial of 2 or more defendants for theft and receiving, the trier of fact may find 1 or more of the defendants guilty of theft or receiving, or may find any of them guilty of theft and any other or others guilty of receiving.

    (9)     On the trial of 2 or more defendants for obtaining property by deception and receiving, the trier of fact may find 1 or more of the defendants guilty of obtaining property by deception or receiving, or may find any of them guilty of obtaining property by deception and any other or others guilty of receiving.

    (10)     Subsection (11) applies to a proceeding for the theft of property in the course of transmission (whether by post or otherwise), or for receiving stolen property from such a theft.

    (11)     A statutory declaration by a person that the person sent, received or failed to receive goods or a postal packet, or that goods or a postal packet when sent or received by the person were or was in a particular state or condition, is admissible as evidence of the facts stated in the declaration—

        (a)     if and to the extent to which oral evidence to the same effect would have been admissible in the proceeding; and

        (b)     if, at least 7 days before the day of the beginning of the hearing or trial, a copy of the declaration is given to the defendant, and the defendant has not, at least 3 days before the day of the beginning of the hearing or trial, or within any further time that the court in special circumstances allows, given to the prosecution written notice requiring the attendance at the hearing or trial of the person making the declaration.

Note 1     The Statutory Declarations Act 1959

(Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

    (12)     In this section:

"stolen property"—see section 314.