RECEIVING TAINTED PROPERTY

In Queensland, receiving tainted property is an offence under section 433 of the Criminal Code Act 1899 (Qld). It applies when a person accepts, receives, or keeps property that they know, or should reasonably suspect, has been stolen or unlawfully obtained. Importantly, you don’t need to be the one who committed the theft — simply taking possession of stolen goods can be enough to face a criminal charge.

Even an innocent‑seeming transaction can have serious consequences if the property later turns out to be stolen. If you are charged, getting legal advice quickly is the best way to protect your rights and future.

In Queensland, receiving tainted property is treated as a serious offence under section 433 of the Criminal Code Act 1899 (Qld). The maximum penalty can be up to 14 years’ imprisonment in the most serious cases, and up to 7 years in other circumstances.

Examples of situations that may lead to this charge include:

- Buying a car at a suspiciously low price when you suspect it may have been stolen.

- Holding onto jewellery, electronics, or cash for a friend when you know, or should reasonably suspect, it was unlawfully obtained.

- Accepting goods in exchange for services when the items are later found to be stolen.

Even if you were not involved in the original theft, simply receiving or keeping stolen property can expose you to harsh penalties. Early legal advice is critical to protect your rights and minimise the consequences.

To secure a conviction for receiving tainted property under section 433 of the Criminal Code Act 1899 (Qld), the prosecution must prove beyond reasonable doubt that:

- You received property – this can include accepting, taking possession of, or keeping it.

- The property was “tainted” – meaning it was stolen or unlawfully obtained (as defined in section 432).

- You knew, or had reason to believe, the property was tainted at the time you received it.

The key issue in many cases is whether you knew or should have suspected the property was stolen. If the police cannot prove this, the charge may not stand. Getting legal advice early can help identify weaknesses in the prosecution’s case.

There are several legal defences that may apply to a charge of receiving tainted property in Queensland. Common examples include:

- Lack of knowledge or suspicion – you genuinely did not know, and could not reasonably have suspected, that the property was stolen or unlawfully obtained.

- No receipt of property – the prosecution cannot prove you actually received, accepted, or kept the property.

- Lawful ownership – the property was acquired through a legitimate transaction, giving you a lawful title.

- Mistaken identity or insufficient evidence – the police cannot link you to the property beyond reasonable doubt.

Every case turns on its facts. If you are charged, a strong defence may be available depending on what you knew, what the police can prove, and how the property came into your possession. Seeking legal advice early can make all the difference.

A conviction for receiving tainted property in Queensland can have serious and lasting effects. Beyond the risk of imprisonment, the court may also impose penalties such as probation, community service, fines, or an intensive corrections order.

The impact of a conviction often extends well beyond the sentence itself. It can:

- Leave you with a criminal record, which may affect employment, travel, and professional licensing.

- Damage your reputation and relationships, as dishonesty offences are viewed particularly seriously by courts and the community.

- Limit future opportunities, especially in jobs that require trust, financial responsibility, or working with vulnerable people.

A conviction for this offence can follow you long after the case is over. Getting strong legal advice early is the best way to protect your record, your livelihood, and your future.

Facing a charge of receiving tainted property can be a stressful and confusing experience, especially if you feel you’ve done nothing wrong. At Coral Coast Law we can:

- Explain the charge clearly so you understand exactly what you are facing under Queensland law.

- Assess the evidence and identify weaknesses in the prosecution’s case, including whether police can prove you knew the property was stolen.

- Advise on possible defences and the best strategy for your situation.

- Represent you in court and negotiate with prosecutors to achieve the best possible outcome.

Having the right lawyer on your side can make all the difference. Coral Coast Law is here to protect your rights, guide you through the process, and fight for the best result in your case.