TXK v Police: receiving unlawfully obtained goods, larceny

Facts: Larceny with alternative charge, receiving unlawfully obtained goods

Larceny theft property offence stealingPolice charged TXK with two offences – stealing and, alternatively, receiving stolen goods – in relation to a highly ambiguous incident. TXK accepted a lift from a friend of a friend, and rode around with him when police stopped them.

The police found 25 batteries in the car. The batteries matched the description of some batteries reported stolen that morning. Police took TXK and his friend into custody. TXK was convicted of stealing in the Local Court, and instructed O’Brien Solicitors to assist him in appealing the conviction.

Outcome: Convicted at Local Court, appeal to District Court, appeal upheld, conviction quashed

In a District Court appeal our lawyers argued that TXK was merely a passenger in the vehicle, and that the batteries were 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.


  • 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


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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