What are the consequences of receiving stolen property while in the Defence Force?

In Plain English

If you are a member of the Defence Force (or a Defence civilian) and you receive property that you know or believe has been stolen, you could face imprisonment for up to 5 years. The property is considered stolen if it was originally stolen, received in the course of another receiving offence, or is the result of selling or exchanging stolen property.

Detailed Explanation

Receiving stolen property is an offence under section 47P of the Defence Force Discipline Act 1982. Specifically:

• The Offence: Section 47P(1) states that a Defence member or Defence civilian commits an offence if they "dishonestly receive stolen property, knowing or believing the property to be stolen."
• Maximum Punishment: The maximum punishment for this offence is imprisonment for 5 years.
• Definition of Stolen Property: According to section 47P(3), property is considered "stolen property" if:
  • It is "original stolen property" (as defined in section 47P(5)). Original stolen property is property that was appropriated in the course of theft or otherwise unlawfully obtained and is in the possession or custody of the person who appropriated or obtained it.
  • It is "previously received property" (as defined in section 47P(6)). Previously received property is property received in the course of an offence against section 47P(1) and is in the possession or custody of the person who received it.
  • It is "tainted property" (as defined in section 47P(8)). Tainted property is property that is the proceeds of sale of, or exchanged for, original stolen property or previously received property and is in the possession or custody of the relevant person.