Mortensen v Crown

In *Mortensen v Crown*, the New South Wales Court of Appeal considered a dispute between the appellant, Mortensen, and the respondent, the Crown. The case concerned the interpretation and application of certain provisions within the *Crimes Act 1900* (NSW) relating to the offence of receiving stolen property.

The central legal issue before the Court of Appeal was whether the appellant could be convicted of receiving stolen property when the property had been recovered by the police and returned to its rightful owner prior to the appellant's apprehension. Specifically, the Court had to determine if the offence of receiving stolen property could be committed if the property was no longer in a stolen state at the time of receipt.

The Court reasoned that the offence of receiving stolen property requires that the property be stolen at the time of receipt. Applying this principle, the Court held that if the property has been recovered and returned to the owner, it is no longer "stolen property" in the relevant sense. Therefore, an individual cannot be guilty of receiving property that is no longer stolen. The Court distinguished this from situations where the property might be recovered but still under the control of the thief or their associates.

Consequently, the Court of Appeal allowed the appeal, quashed the conviction, and ordered that the verdict of guilty be set aside.