New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 277

277 Stealing goods from vessel or wharf

(1) This section applies to the following offences--

(a) any offence involving the stealing of property--

(i) from any vessel, barge, boat or train, or

(ii) from any dock, wharf, quay, railway yard or other railway premises, or

(iii) from any store or shed used in connection with and adjoining any such dock, wharf, quay, railway yard or other railway premises, or

(iv) in the course of transit from any vessel, barge, boat or train, or from any store or shed used in connection with and adjoining such wharf, dock, quay, railway yard or other railway premises, or

(b) any offence involving the receiving of property so stolen knowing it to have been stolen.

(2) On the prosecution of any person for an offence to which this section applies--

(a) evidence may be given of any writing, printing, or marks on any property alleged to have been stolen or received, or on any package containing such property, without producing or giving notice to produce the original writing, printing or marks, and

(b) any document purporting to be a document of title to any property alleged to have been stolen or received--

(i) is admissible in evidence on production and without further proof, and

(ii) is evidence of the particulars contained in the document, and that the ownership of the property is in the consignee referred to in the document or his or her assignee.

(3) In this section--

"document of title" to property includes--

(a) any bill of lading, India warrant, dock warrant, warehouse keeper's certificate, warrant, or order for the delivery or transfer of any goods or valuable thing, and

(b) any bought and sold note or other document--

(i) used in the ordinary course of business as proof of the possession or control of goods, or

(ii) purporting to authorise, by endorsement or delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to.

"train" includes any railway carriage, railway truck or other railway vehicle that is on any railway.