Possession of goods obtained by criminal means is an offence provided in Sections 354 and 355 of the Criminal Code. Its definition is having in one’s possession some goods while being aware they were acquired through the commission of a crime. For instance, purchasing some merchandise which has been stolen or acquired through fraud may be considered possession of goods obtained by criminal means.
In order to prove possession of the goods acquired by criminal means, it is necessary to provide evidence of the control that the defendant has over the goods. Possession of stolen goods may be individual, but it may also be jointly committed by several accomplices. Finally, the Prosecutor has to prove the defendants were aware of the illegal origin of the goods when they acquired them or also that they suspected it.
A criminal lawyer can plead many defences against a charge of possession of stolen goods, for example: the absence of evidence that the defendant knew where the goods came from, the lack of evidence that the goods were stolen, the lack of evidence of possession or also raising reasonable doubt concerning one of these issues.
Possible sentences in case of a guilty verdict are: a maximum sentence of 10 years of imprisonment if the value of the goods exceeds $ 5,000 or 2 years if the value is under $ 5,000. It is possible to avoid having a criminal record when one is found guilty by making a request for a discharge.
See instances of cases of possession of stolen goods defended by lawyers from our firm.
Contact a criminal lawyer immediately if you are charged with possession of stolen goods!
