Larceny Act, 1990

Amendment of section 33 of Principal Act.

3.—The Principal Act is hereby amended by the substitution for section 33 of the following section:

“Handling stolen property.

33. (1) A person who handles stolen property knowing or believing it to be stolen property shall be guilty of felony and shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine or to both.

(2) For the purposes of this Act—

(a) a person handles stolen property if (otherwise than in the course of the stealing), knowing or believing it to be stolen property, he dishonestly—

(i) receives the property, or

(ii) undertakes or assists in its retention, removal, disposal or realisation by or for the benefit of another person, or

(iii) arranges to do any of the things specified in subparagraph (i) or (ii) of this paragraph;

(b) where a person—

(i) receives stolen property, or

(ii) undertakes or assists in its retention, removal, disposal or realisation by or for the benefit of another person, or

(iii) arranges to do any of the things specified in subparagraph (i) or (ii) of this paragraph,

in such circumstances that it is reasonable to conclude that he knew or believed the property to be stolen property, he shall be taken to have so known or believed unless the court or the jury, as the case may be, is satisfied having regard to all the evidence that there is a reasonable doubt as to whether he so knew or believed;

and

(c) believing property to be stolen property includes thinking that such property was probably stolen property.

(3) A person to whom this section applies may be indicted and convicted whether the principal offender has or has not been previously convicted or is or is not amenable to justice.”.