258Receiving stolen property

258 Receiving stolen property

[Section 258 Amended by 25 Geo V No. 43, s. 3 ]

(1)  Any person who, without lawful excuse, receives or has in his possession any stolen property, knowing it to be stolen property, is guilty of a crime.

Charge:  Receiving stolen property.

(2)  For the purposes of the Code, stolen property shall include anything capable of being stolen which has been obtained in this State or elsewhere under circumstances which constitute, or which, if they had occurred in this State would constitute, a crime under any of the provisions of chapters XXIV to XXVII or of this chapter, but shall not include any such thing which, after having been so obtained, has been returned to its owner, or to which any person has acquired a lawful title completed by delivery.

(3)  In any proceedings under this section –

(a) the fact that the accused had in his possession other stolen property which had been obtained as aforesaid within 12 months preceding the date of his alleged crime; and

(b) the fact that within 3 years preceding his being charged with the crime the accused had been convicted of a crime under any of the provisions of chapters XXIV to XXVII or of this chapter –

may be given in evidence against the accused in support of the averment of guilty knowledge.

(4)  The facts mentioned in paragraph (b) of subsection (3) shall not be admissible unless –

(a) 7 days' notice in writing has been given to the accused of the intention to prove such fact; and

(b) evidence has previously been given that the stolen property in respect of which the accused is charged was found or had been in his possession.