STOLEN PROPERTY

The parties involve are A, as the accused and B, as the victim. Then, the issue here is whether B can be held liable for offence of receiving stolen property as defined under Section 411 of the Penal Code and punishable under the same section for the act committed. LAW PRINCIPLE Section 411 provides that whoever dishonestly receives any stolen property, shall be punished with imprisonment for a term that may be extended to 5 years and also be liable with fine. In order to determine the criminal liability of A, the elements of this offence must be established. Firstly, the property concerned must be stolen property. Section 410 outline stolen property as any property that had transferred through by theft, extortion, robbery, criminal misappropriation or criminal breach of trust is a stolen property but if the property comes into the possession of a legally entitled person thus the property ceases to be stolen property. However, the court in the case of Goh Khiok Phiong v R stated that if the property is not obtained by any of the offences stated in section 410, or the absence of evidence that the property is stolen, the property would not be stolen property. Secondly, the accused must know or has reason to believe that the property is stolen. Knowledge is the highest degree of speculative faculty and consists of the perception of the truth the affirmative or negative propositions. Section 26 defines reason to believe as sufficient cause to believe a thing, but not otherwise. Then, in the case of Tang Kee Poh v PP, the court held that the prosecution must prove that the accused has knowledge or had reason to believe the property was stolen. However, in Samad Khamis, the oil was sold at very cheap price, the court held then the accused had a reason to believe that it was stolen as the price were unreasonable. APPLICATION

CONCLUSION In conclusion, A may be held liable for offence of receiving stolen property as defined under Section 411 of the Penal Code and punishable under the same section for the act committed.