(i) a fine not exceeding level fourteen or not exceeding twice the value of the property which forms
the subject of the charge, whichever is the greater; or
(ii) imprisonment for a period not exceeding twenty-five years;
or both.
(2) If it is proved in a prosecution for receiving stolen property knowing it to have been stolen that, at the
time the accused took possession of the property, he or she did not know that it had been stolen or did not realise
that there was a real risk or possibility that it had been stolen, but acquired such knowledge or came to such a
realisation afterwards, he or she may be convicted of theft or stock theft or of being found in possession of
property reasonably suspected of being stolen, if the facts support such a conviction.
125 Possessing property reasonably suspected of being stolen
If any person
(a) is or has been in possession of property capable of being stolen and the circumstances of his or her
possession are such as to give rise, either at the time of his or her possession or at any time thereafter, to
a reasonable suspicion that when he or she came into possession of the property it was stolen; and
(b) is unable at any time to give a satisfactory explanation for his or her possession of the property;
the person shall be guilty of possessing property reasonably suspected of being stolen, and liable to
(i) a fine not exceeding level ten or not exceeding twice the value of the property which forms the
subject of the charge, whichever is the greater; or
(ii) imprisonment for a period not exceeding five years;
or both.
Division D: Robbery
126 Robbery
(1) Any person who steals or does any act constituting the crime of unauthorised borrowing or use of
property shall be guilty of robbery if he or she intentionally uses violence or the threat of immediate violence
(a) immediately before or at the time he or she takes the property, in order to induce the person who has
lawful control over the property to relinquish his or her control over it; or
(b) immediately after he or she takes the property, in order to prevent the person who had lawful control
over the property from recovering his or her control over it.
(2) A person convicted of robbery shall be liable
(a) to imprisonment for life or any shorter period, if the crime was committed in aggravating circumstances
as provided in subsection (3); or
(b) in any other case
(i) to a fine not exceeding level fourteen or not exceeding twice the value of the property that forms
the subject of the charge, whichever is the greater; or
(ii) to imprisonment for a period not exceeding fifty years;
or both:
Provided that a court may suspend the whole or any part of a sentence of imprisonment imposed
for robbery on condition that the convicted person restores any property stolen by him or her to the
person deprived of it or compensates such person for its loss.
(3) For the purposes of subsection (2), robbery is committed in aggravating circumstances if the convicted
person or an accomplice of the convicted person
(a) possessed a firearm or a dangerous weapon; or
(b) inflicted or threatened to inflict serious bodily injury upon any person; or
(c) killed a person;
on the occasion on which the crime was committed.
127 Robbery where complainant abandons control over property
It shall not be a defence to a charge of robbery that, when the accused took possession or control over the
property, the person who had lawful control over it was no longer exercising such control, if
(a) when the accused first used violence or the threat of violence, that other person was in control of the
property; and
(b) the effect of the violence or threat of violence was to render that other person unconscious or to cause
him or her to run away or abandon the property or otherwise to render him or her incapable of exercising
control over it.
128 Defences to charge of robbery
A person accused of robbery shall be entitled to rely upon any defence that would have been available to the
accused if he or she had been accused of theft of the property concerned.
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