ABSTRACT

Some of the key terms used in this section are themselves subject to further statutory definition. For example, s 34(2)(b) states that ‘goods’ includes:

In addition, s 24(4) makes it clear that in order to constitute stolen property the goods must have been obtained as a result of theft, obtaining property by deception, or blackmail. However, goods will lose their ‘stolen’ status if they are restored to the person from whom they were stolen or to other lawful possession or custody (s 24(3)). Thus, in Haughton v Smith (1975), tins of meat ceased to be ‘stolen’ when police took control of the lorry transporting them. It should be noted that where the stolen goods have been exchanged for other forms of property, that other property may also constitute ‘stolen goods’. Section 24(2) provides that for goods to be stolen they must be, or have been, in the hands of the thief or handler and directly or indirectly represent the stolen goods in whole or in part. For example, if a stolen picture is exchanged for cash and the cash then used to buy a car; the picture, the cash and the car are all stolen goods.