Author: Una Ebsworth
Practice area: fraud offences
Una is a Director at Doogue + George, recognised by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 2014 with over 15 years of experience in serious indictable matters. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Una authored this content and last revised it for accuracy on 6 August 2026.
Charged with Possession of Stolen Property in Victoria? Our Trusted Criminal Lawyers Are Here To Guide You.
Being charged with possession of stolen goods can feel overwhelming, especially if you didn’t know the item was stolen. A conviction can carry serious penalties, affect your job, and damage your reputation.
We’re here to help you take control. With decades of experience defending property-related offences, our lawyers know how to protect your rights and fight for the best outcome.
What is the offence of Possess Property Reasonably Suspected To Be Stolen?
In Victoria, Possess Property Reasonably Suspected To Be Stolen is an offence under Section 26 of the Summary Offences Act 1966 (Vic). It applies where a person is found with property connected to a theft in circumstances that raise suspicion about its origin.
Key points
- What must be proved - The accused had knowledge and control of property that was stolen, knowing or suspecting it was stolen.
- Type of conduct - Retaining or dealing with items obtained through theft, even if you were not the original thief.
- Usual court level - Matters are usually heard in the Magistrates’ Court of Victoria.
The maximum penalty for Possess Property Reasonably Suspected To Be Stolen is 12 months imprisonment.
Common defences may include lack of knowledge the item was stolen, absence of control over the property, the property not being stolen, or mistaken identity/insufficient evidence.
Types of Possession of Stolen Property Offences We Handle
Receiving Stolen Goods
Being caught with items that were stolen by someone else, even if you weren’t involved in the theft.
Buying Stolen Goods Without Knowing (Strict Liability)
Purchasing an item (e.g., electronics or tools) at a suspiciously low price or from an unreliable source, even if you didn’t know it was stolen.
Handling Stolen Goods
Moving, selling, or helping to hide stolen items, knowingly or recklessly.
Theft by Finding
Keeping something you found without making a reasonable effort to return it, for example, holding onto a lost phone or wallet.
What to Do If You’re Charged With Possession of Stolen Property
1. Don’t Speak to Police Without Legal Advice
You have the right to remain silent. Politely decline to answer questions until you’ve spoken to a lawyer. Anything you say can be used against you later.
2. Contact a Criminal Defence Lawyer Immediately
The earlier you get legal advice, the better your chances of avoiding serious consequences. Our lawyers can help you understand the charge, assess the evidence, and build a strong defence.
3. Gather Any Documents or Evidence
Receipts, text messages, emails, or conversations showing how you came to possess the item could be crucial. Don’t delete anything; bring it to your lawyer.
4. Understand the Penalties and Possible Defences
This offence can lead to a criminal record, fines, or even prison, but every case is different. There may be legal defences available, especially if you didn’t know the item was stolen or acted in good faith.
Why Choose Doogue + George for Possession of Stolen Property Defence
We’ve helped thousands of people in situations just like yours. Here’s why clients trust us:
47,000+ Criminal Cases Defended
Extensive experience handling all types of property offences, including possession of stolen goods.
LIV-Accredited Criminal Law Specialists
Officially recognised for our legal expertise, professionalism, and ethical standards.
Deep Local Knowledge
We appear regularly in Magistrates’, County, and Supreme Courts across Victoria, and we know how each one operates.
Respected Across the Legal Industry
Consistently recognised by Doyle’s Guide and the Australian Defence Lawyers Alliance (ADLA) for our results and reputation.
Clear Advice, Strong Defence
You’ll get honest legal advice, a strategy built for your situation – a team that knows how to fight and when to negotiate.
Penalties for Possession of Stolen Property in Victoria
The penalties for possession of stolen goods can vary depending on the circumstances, such as the value of the items, your criminal history, and whether you knew (or should have known) the items were stolen.
Possible Penalties Include:
- Maximum Prison Sentence:
The maximum penalty for Possess Property Reasonably Suspected To Be Stolen (s26 of the Summary Offences Act 1966) is 12 months imprisonment. - Fines:
The court may impose significant fines, particularly where the offence involved high-value property or repeat offending. - Community Correction Orders (CCOs):
Non-custodial sentences such as unpaid community work or treatment programs may be available in less serious cases. - Conviction or Non-Conviction Outcomes:
Depending on the case, it may be possible to avoid a recorded conviction, particularly for first-time offenders or minor matters.
Not all cases lead to gaol. Outcomes depend on your personal circumstances and legal strategy. Early advice gives you the best chance at a fair result.
Sentencing
Sentencing Outcomes in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Summary Offences Act 1966 (Vic) s 26(2) — 218 charges across 183 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Imprisonment | 41.7% |
| Fine | 23.4% |
| Community Correction Order | 21.6% |
| Adjourned Undertaking | 12.4% |
| Discharge/Dismissal | 0.9% |
The data indicates a significant risk of imprisonment, although courts also frequently impose community-based supervision or financial penalties. In determining sentence, the court will consider factors such as the value of the goods, the surrounding circumstances and the offender’s prior history. Early legal advice can assist in presenting the matter in the strongest possible way.
Possible Legal Defences
Every case of possession of stolen property is different. Depending on the circumstances, there may be strong legal arguments available to you. Some of the most common defences include:
You didn’t know the item was stolen
If you reasonably believed the goods were legitimately yours (for example, purchased in good faith), you may not be guilty of the offence.
You had no control over the item
To prove possession, the prosecution must show you had knowledge and control. If the item was in a shared space or belonged to someone else, this may form a defence.
The property wasn’t actually stolen
Sometimes goods are wrongly reported or mistaken for stolen. Establishing the true ownership can help defeat the charge.
Mistaken identity or insufficient evidence
If police can’t prove beyond a reasonable doubt that you were the one in possession, you should not be convicted.
Meet Our Possession of Stolen Property Lawyers
Find a Possession of Stolen Property Lawyer Near You
Wherever you are in Victoria, Doogue + George has specialist criminal defence lawyers ready to help. We have offices close to major courts and can meet with you in person or by phone.
Find us at:
Get Legal Help Today
An allegation is not the same as a conviction. With the right advice, many cases are resolved without gaol and sometimes without a recorded conviction.
You can take control of the process and protect your future. At Doogue + George, we know the system inside out, and we fight hard for the best possible outcome.
