Which statement best describes actus reus for handling stolen goods?

Which statement best describes actus reus for handling stolen goods?

• A. The property must be stolen goods and the handling must occur during the course of stealing.
• B. The property must be stolen goods, and the handling must occur at any time.
• C. The property must be stolen goods and the handling must occur otherwise than in the course of stealing.
• D. The property need not be stolen goods if the acts are dishonest.

Answer: (C)

The key idea is when the act is considered to be “handling” for this offence. For handling stolen goods, the actus reus is the act of handling property that is stolen, but crucially this handling must occur otherwise than in the course of stealing. In other words, the person handles the stolen goods after the theft has taken place, not as part of the theft itself. If someone is involved in handling goods during the theft, that conduct is more properly charged as theft (or another related crime), not the separate offence of handling stolen goods. Also, the goods must be stolen for this offence to apply. If the property isn’t stolen, the actus reus for handling stolen goods isn’t satisfied, even if the person is dishonest. So this option best captures that the handling must occur after the theft and involve stolen goods, distinguishing it from actions taken during the act of stealing.

The key idea is when the act is considered to be “handling” for this offence. For handling stolen goods, the actus reus is the act of handling property that is stolen, but crucially this handling must occur otherwise than in the course of stealing. In other words, the person handles the stolen goods after the theft has taken place, not as part of the theft itself. If someone is involved in handling goods during the theft, that conduct is more properly charged as theft (or another related crime), not the separate offence of handling stolen goods.

Also, the goods must be stolen for this offence to apply. If the property isn’t stolen, the actus reus for handling stolen goods isn’t satisfied, even if the person is dishonest.

So this option best captures that the handling must occur after the theft and involve stolen goods, distinguishing it from actions taken during the act of stealing.