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Cards In This Set
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What are the points of proof for the charge of 'Handling Stolen Goods' ?
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Identity
Property was stolen goods Accused dishonestly received stolen goods Accused knew/believed they were stolen at the time they were received |
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What category of offence is 'Handling Stolen Goods' ?
What is the relevant arrest power? |
Serious Indictable
459 |
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Is it necessary to show the accused exercised some control over the stolen goods?
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Yes
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Does manual possession need to be proved?
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No
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List as many points as you can which may support the claim that the accused knew or believed the goods were stolen
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Purchase at very low priceFailure to explain possessionHiding, altering or disguising the goodsObliterating labels and other marks of identityTime and manner of receiptBuying from unlikely sellersKnowledge the seller was a thief
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List the ways in which 'Handling Stolen Goods' might be committed.
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A) Receiving stolen goods
b) Bringing stolen goods into Victoria c) Retaining, removing, disposing of or realising the value of the goods BY, or FOR THE BENEFIT OF ANOTHER PERSON d) Assisting in the retaining, removing, disposing of or realising the value of the goods BY, or FOR THE BENEFIT OF ANOTHER PERSON |
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When can the charge of 'Handling Stolen Goods' be heard IOTS?
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When the goods are:A motor vehicle, or Property valued at $100,000 or less.
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Describe police powers in relation to Second Hand Dealers' Shops
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MOPF may without warrant
Enter second-hand dealer premises or STORAGE PREMISES at anytime, and Inspect the premises or any goods at thepremises |
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How long must a second hand dealer keep items sold to them before selling?
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For 7 days after receiving goods dealer mustkeep the goods in the form they were receivedwithout disposing of them in any way.
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What can a MOPF require a second hand dealer to produce?
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Any goods in his possession or under his control
His registration Any records kept |
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Who may a second hand dealer NOT accept goods from?
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Any person U16
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When may a MOPF serve notice on second-hand dealer?
What does such a notice prohibit? |
When MOPF reasonably believes the goods are stolen
A notice prohibits second-hand dealer altering or disposing of the goods in any way for 21 days Notice may only be re-issued once for a further 21 days |
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What must a second hand dealer require every person attempting to sell or pawn goods tohim to do?
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Produce evidence of their identity
Identification may be passport or driver licence |
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If Dealer suspects goods in their possession have been stolen, what are they obliged to do?
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Immediately inform MOPF
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What can a victim of theft do if he spots his shit in a pawnbroker's?
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Apply to a Magistrates’ Court for an order fordelivery of the goods
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