Key Words: Larceny – Section 117 Crimes Act 1900 – alternative charge, receiving unlawfully obtained goods – Section 189 Crimes Act 1900 – convicted at Local Court – appeal to District Court – appeal upheld – conviction quashed
TXK was charged with two offences – stealing and, alternatively, receiving stolen goods – in relation to a highly ambiguous incident. TXK had accepted a lift from a friend of a friend, and was driving around with him when they were stopped by police.
The police found 25 batteries in the car. The batteries matched the description of some batteries had been reported stolen that morning, and TXK and his friend were taken into custody. TXK was convicted of stealing in the Local Court, and instructed O’Brien Solicitors to assist him in appealing the conviction.
In a District Court appeal it was argued that TXK was merely a passenger in the vehicle, and that the batteries were placed in the vehicle before he entered it. During the car ride, TXK did not touch or move the batteries.
On the strength of this argument, the appeal was upheld and the Local Court conviction quashed.