Is It a Crime to Keep Wrongly Delivered Parcels?

Interested to know if it’s a crime for someone to purposefully hold our parcels that got wrongly delivered.

Some genius with Amazon Logistics has been sending our packages to a wrong address (we'd receive emails saying parcels delivered but we never received them). The most recent time the driver was careful enough to take a photo of the household that had been happily receiving our packages, which enabled us to identify the suspect - we did have a suspicious address in mind so just needed to cross check it with Google Maps. Easy job.

We drove to the address but the packages weren't on the porch any more. Apparently whoever lives in that house reckons it's okay to keep whatever they find at their front door, even if the rightful recipient's name and address (maybe also mobile number) are on the package.

There seemed to be nothing we could do about it though.

No we didn't knock their door. Had to let Amazon do the heavy lifting.

Comments

  • +4

    How many parcels were incorrectly delivered?

    • +8

      Three but does it matter?

      • +24

        Depends how much time you want to spend in prison.

        Section 471.3 of the Criminal Code Act of 1995 says:

                       Taking or concealing of mail-receptacles, articles or postal messages
        
                       A person commits an offence if the person dishonestly takes or conceals:
        
                         (a)  a mail-receptacle; or
        
                         (b)  an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or
        
                         (c)  a postal message.
        

        Penalty: Imprisonment for 5 years.

        So if you keep those three packages you could be charged with three counts of concealment, maximum penalty 15 years in prison.

        • +22

          Thanks for sharing the expertise. I’ll print it out and snail mail it to their address.

          • +8

            @nux: Careful of that because they could figure out it was you

            Some years ago (pre-Amazon days) I lived in a place that was close in name to a street in an adjacent suburb (their street ended in a 'Y' mine ended in an 'S', the rest of street was spelled the same). We both figured out our where the other was supposed to be and just used to drop incorrect mail around to each other.

            The mail and parcels were correctly labelled except the guy delivering the packages couldn't differentiate between the two streets

            • +2

              @Gunnar: We also have a doppelganger. Our streets were joined and the numbers start over. Even the new posties take a while to learn.

          • +4

            @nux:

            I’ll print it out and snail mail it to their address.

            Send it via Amazon to your address so they literally open up their unlawful reminder

          • +1

            @nux: I assume you would have received refunds, so my concern would be finding out why Amazon keeps delivering to the wrong address instead. And fix it.

            Personally I'd collect something like cat urine in a 2L milk container, add a dark dye (like blueberry juice or old inkjet refills from an op shop) and hook up a pump to some cheap AAs that turn the pump on (and leave it on) when the lid is lifted. Drop it at their place at 2am so they think it was delivered early but save you the postage and no record of sending it.

            Or mix flour and water to a similar consistency to school paste and add a little bleach. Then the pump thing. (Cheap pumps and plastic tubing on Aliexpress.) A few days later drop a note in their mailbox: "Hi package thief! Did you enjoy cleaning up your freshly-delivered bull semen/cat urine mixed with inkjet refill?"

            When it turns on they'll panic, try to throw it outside, but the stain will leave a trail on their carpet they'll never get rid of. Then they'll start cleaning, notice the stink… and when your note comes they'll be dry-reaching. So you get double the payback.

        • +6

          This does not apply to incorrectly delivered items, once its delivered then the criminal code does not apply, its doing the above during delivery that's illegal.

          Notice
          a) mail receptacle, which is a post box, it was delivered to them so does not apply.
          b) an article in the course of post, once delivered to the wrong address it is no longer in the course of post.
          c) a postal message - not applicable.

          So this could be considered immoral, it definitely is not illegal. If you have umbrage with this you really should blame the post service as they are facilitating the delivery.

          Some examples where this would be considered illegal is if you rob the delivery person, or someone goes to your residence pretending to be you in front of your house and accepts delivery, or it was successfully delivered to your front door and someone comes and takes it.
          All 3 of these scenarios could land you in jail. There is a very big distinction from being dishonest vs legality landing you in jail.

          • +8

            @garetz: Part B is cut off in formatting, but it says:

            (b) an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or

            So if it was wrongly delivered to OP by Australia Post then the law should apply yeah? Though what happens if it were delivered by Toll and not Australia Post…

            • +1

              @AustriaBargain: Australia post is a government entity, in which case you could be considered defrauding a government agency, in that case it is a crime.

            • +5

              @AustriaBargain:

              Though what happens if it were delivered by Toll and not Australia Post…

              I don't think Toll do actual deliveries where they bring the parcel with them.

            • @AustriaBargain: Yes I believe it is a common practice across the world to afford the (historically) official/public postal services preferential protection/privileges not extended to private couriers.

          • @garetz: Could? Yes. Would? Highly unlikely.

          • +5

            @garetz: Of course it is still illegal. Obtaining property by deception is the appropriate charge. If it's addressed to someone else (not you) and you keep that property with the intent to permanently deprive.

            • +3

              @drewbytes: Alternatively you could consider 'Theft by Finding' or (in Victoria) a summary offence of 'Unlawful Posession).

        • therefore the items should be taken "honestly" and it will not be in breach of s471.3 of the CCA

          • @Logical: If you honestly believe your identity matches the wrong name on the package, sure. Except I don't think the law of ownership depends on whatever you happen to believe.

      • +2

        Yes it does - as soon as I found out the address items were being incorrectly delivered to I would have fronted them. They may be (for example) an elderly couple with no PC skills and no idea how to return the goods.

      • -2

        After the first time wouldn’t you think something isn’t right.
        Nah let’s order 2 more lmao

        • +2

          I don't see why not. I've had this happen to me many times. Out of hundreds of deliveries, I've had maybe 10 that went to the wrong house. There's a house in my suburb that has a very similar street name and same number. My deliveries would often go to this house, but strangely never vice versa. Luckily these days there's GPS tracking at the delivery point, and the couriers usually take photos of the delivery. It's much easier to dispute when the photo is of someone else's house.

  • +8

    Is It a Crime to Keep Wrongly Delivered Parcels?

    Seriously? You even have to ask this?

    • +41

      Just read some replies on this post and you’d understand why I asked. Shrug.

      • +4

        Obtaining property by deception is the appropriate charge.

        • +4

          Problem is, I doubt a single person in Australia has ever been charged after keeping wrongly delivered parcels. It would be impossible to prosecute, unless they've actually taken deliberate action to have the parcels wrongly delivered

          • @nigel deborah: I'd be surprised if there hasn't been many prosecutions (especially since so many people here seen to think you can get away with keeping what isn't theirs).

            I know of someone who tried to keep some cash that was accidentally left in thier store. When the customer realised they'd left the cash, they went to the police who charged the store owner.

          • +1

            @nigel deborah: Exactly. They'd have to proof who took it. Delivery guy goes to wrong house, an hour later someone walking by steals it. But Oz Post don't even knock on the door to get signatures 2/3 of the time… they just leave it at the door. I had a package delivered a couple of weeks ago on a Friday. I didn't leave the house all weekend, so I didn't know it was there until I saw a 2-day old email on Monday with the subject: "Your package has been delivered."

    • +2

      I'm curious.. what's your answer?

    • +7

      If nothing else it just shows the moral values of some people

    • -4

      Oh - well then, I won't bother!

    • -3

      If it were addressed to Rupert Murdoch maybe I'd keep it and destroy it. Surely anything he would order online would just be used for evil. Also in a Cliffhanger scenario I would pretend to lose my grip and let Rupert Murdoch fall, even if I really had the strength to pull him up. I don't brake for Rupert Murdoch either.

    • +10

      Great asset to the Australian community - NOT

        • +4

          Anyone your don't like = 'vaxxer' (like that's even an insult?)

        • +1

          Oh you're one of those cookers, figures.

  • +2

    try use auspost parcel collect service and send your parcel to the post office.

    • +3

      Amazon Logistics

      Cannot use Australia Post.

      • +4

        I've did that for few years already, just use parcel collect 's address which start with 'parcel collect XXXXX XXXXX' and Amazon will send the parcel by auspost.

    • +3

      We’ve been using the Amazon locker to avoid hassles like this. However there are occasions when the packages are too big and they wouldn’t let us to choose “pick up from Amazon locker”.

      • No nearby collection points?

        • +2

          Maybe I’m lazy but I personally don’t think 5km is ‘nearby’ so…

  • You didn't happen to receive an electric blanket did you? :(

    • +4

      No magically we’ve never had any parcel addressed to them wrongly delivered our house. Otherwise we’d have an opportunity to talk about this issue face to face.

      • Face to face is a mistake. How will you retain plausible deniability after pouring those pureed prawn heads into their car windscreen vents?

  • +6

    Is It a Crime to Keep Wrongly Delivered Parcels?

    It sure is…

  • +4

    Yes but since they have not been delivered to you technically they are not yet your property.

    Standard laws regarding mail do not apply since they were not sent through the postal system (Auspost). Essentially it's an issue between the vendor and the person who took your parcels.

    Just request a refund from the seller due to failure to deliver and if they decline do a chargeback. Businesses cannot take your money and not deliver the item they promised to. That's fraud. If they did deliver to the address you specified it's a different story though.

    • +1

      We have certainly asked Amazon to investigate. But it’s a waste of time for us.

      I was also curious to know why those people wouldn’t contact us to collect our packages, and here we are… (educated by the most downvoted comment.

      • +5

        Yeah it sucks that people are incompetent at their job and the person receiving the parcel is dishonest but what can you do.

        The company that messed up your address or delivered it to the wrong address will have to bear the cost.

        I've had a parcel that was meant to get delivered to a collection point go missing in transit. Since the delivery time was past the estimated arrival window I just claimed a refund and reordered to my home address. It ended up coming within days.

      • -2

        Amazon don't listen anyway. I ordered 3x of the same CD from them, one for me, two for friends. Each was a double jewel case with 2x discs. I absolutely KNEW they would get cracked if they delivered it in a bubble envelope, because the cases are thinner than single CDs, and they seem to deliver those bubble envelopes by frisbeeing them from the footpath. I managed to speak to an Amazon rep minutes after placing the order… She said she'd "put a special note in the delivery notes section to use a box". And of course, they ignored it, used a bubble envelope, and ALL THREE cases were smashed. Contacted them again and got all three for free. That was before coNvid. I still haven't found replacement cases.

  • +1

    can't they just say someone took it off their porch before they saw?

    • +2

      Sure they can, criminals will always happily tell lies.

  • +5

    You can knock on their door. For all you know, they are keeping them for you? maybe they have a disability or can't leave the house for some reason. Keeping them out means they could legit get stolen. Anyway, asking them is the quickest way to solve the problem. Waiting for amazon takes time but yes, this their job as well. I had a lost package go to a similarly spelled address (with photo). After a complaint, they retrieved the package, rewrapped it and delivered to me. Also have a vague sense my other "lost" packages are there….

  • return to sender in the rubbish bin

  • +2

    I had a parcel delivered to my house, address wasn't even remotely similar sounding to mine, but it was 5 mins away. I found the person on my community Facebook group and sent them a message and they picked it up.

    I wouldn't go out of my way to return a parcel, I would walk down the street or a few Min detour IF I'm heading out in that direction, otherwise I'll just leave it outside and wait for the postie to come back. I would try to find them on Facebook if it's still there after a few days.

  • +1

    It's theft

    A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

    • -2

      I'd say it's more obtaining property by deception, rather than theft.

    • +1

      It is neither "theft" or "obtaining property by deception". The legal term is "conversion".

      https://en.wikipedia.org/wiki/Conversion_(law)

      Keeping mail that is addressed to someone else that was delivered to you by mistake is exactly the same as keeping money that was put in your bank account by mistake that you know isn't yours.

      • Wait, we can’t keep money out in our bank accounts?

      • Actually in Australia it falls under theft or mail tampering.

        • -1

          What does it fall under in your country?

      • Or just finding a wallet. Finders keepers is not a defense.

      • In SA it would be theft by retaining.

  • +3

    Some of my Amazon deliveries have gone to a house in my street, they decided to keep them
    The last time I recognized the house in the photo and went to collect my parcel, the young woman that answered was quick to say she was about to walk it over (yeah right).

    One time someone's else's delivery was left at my door, it was a HUUGE box, I wasn't going to try lugging it down the road, contacted Amazon to collect it or give me the number to contact the recipient- Amazon said just keep it, there's nothing they can do. The owner must have driven past and seen his expected parcel and collected it in the end.

    • I wonder how many Ozbargainers would perceive the situation as a serendipitous windfall, if the pkgs lobbed on their doorstep?

      ( Loving Amazons attitude as above. Maybe it is a windfall scenario.)
      Maybe the OPs 'nemesis pkg keepers' also rang Amazon. That's how much profit they make, and how meh some of the delivery systems / staff appear to be

    • -1

      We had actually thought about knocking on their door but gave up eventually. Didn’t have much faith in their morality and we wouldn’t want to piss off people who have got my name and home address.

      • +4

        You never know. They might have a pile of parcels waiting for you to knock on their door and claim them.

      • Look on Gtree & other online market places to see if the 'flotsam jetsam' that washed up on a foreign shore shows up for sale.

      • +3

        We had actually thought about knocking on their door but gave up eventually.

        Sigh - at some point, you need to solve your own problems. It's not like you are threatening them. Just a simple, "Hey, I'm from down the street, Amazon recently mistakenly delivered some of my parcels to your place. Did you happen to receive anything?"

        I'm always dumbfounded by some of the posts here. How does one come to the logic of "printing out Section 471.3 of the Criminal Act and posting it to them, yes", but "approaching them and asking for the parcels, no". Come on.

        Didn’t have much faith in their morality and we wouldn’t want to piss off people who have got my name and home address.

        Well if that's your attitude in life then you'll just have to do without your parcels then. Why would you assume that they're bad people? They might have not gotten round to returning it. They might have called Amazon and were instructed to keep it. They might have brought it to the return point to ship back to Amazon.

        If you're fearful of approaching their house, maybe they're fearful of approaching yours.

        Someone has to make the first step to establish contact, why not you?

  • +4

    Try living in a suburb where there are two streets named the same except, one is a St the other a Crs. You soon get to know the people with the same house number. Fun times.

    • +3

      Next parcel…

      Delivery Address:

      Mr Jonkvh
      10 Smith… STREET… NOT CRESCENT… DOPEY… DID YOU SEE THAT!? S-T-R-E-E-E-E-E-T!
      Adelaide, SA
      5000

  • +6

    I had some flowers delivered to my house by mistake once(left at door), I checked the details right number wrong street. I took them around to the correct house. I knocked on the door, turned out I knew the woman (not well), and really threw her for a minute until I explained.

    • I've had similar, but it was my address… so I rang the florist and they came back for them.

      Couldn't have kept them - would hate to think that someone would!

  • +6

    Put the legal question to one side. Its morally wrong.

  • Another perspective: I keep receiving mail for previous occupants. Usually I leave the mailbox open and send them a text to collect, couple of weeks later envelope(s) disappear and I lock the mailbox. This time it's been nearly a month and mail still not collected. Some people are just sloppy.

    • +3

      "Return to sender. Not at this address."

      • +1

        I return to sender for 3 months and trash them after that. Plenty of companies take no notice of the returned mail

        • Apparently it's a crime to trash mail that isn't yours.

          • +1

            @Love a bargain: Might be true, but what do they expect you to do. If I buy a house I'm not going to spend 20 years returning junk mail addressed to the former occupant.

            • @nigel deborah: That's what you're literally expected to do. Write on the envelope & drop them back into a letter box. There's no time limit so you can do it once a month, only when you'd go past a letter box, etc.

              • @Love a bargain: Stupid law, then. Wonder if anyone in Australia has ever actually continued to do it for that long, haha. I could see an argument for 6 months, a year even. But after that, obviously the sender and recipient couldn't give a shit, so why bother anymore. They certainly all end up in a bin anyway.

      • I’ve been in my place more than a decade and still receive mail for previous occupants, mainly from NAB. I’ve tried returning to sender, I’ve tried literally walking in to a branch and asking them to stop sending mail, bye gave up long ago at this point - straight to the bin.

    • +1

      Same here! We swapped mobile numbers and call/message each other when we receive each other’s mail.
      And… we take it in turns to deliver to each other. All very friendly!

  • +5

    No we didn't knock their door. Had to let Amazon do the heavy lifting

    and

    but it’s a waste of time for us.
    I was also curious to know why those people wouldn’t contact us to collect our packages

    Mate, you have an issue with a private company, don't want to do any leg work to get it resolved and expect a third party to do leg work to get it resolved for you.

    That and you seem to have made a lot of assumptions about the people who had the parcels dropped at their place incorrectly. It would be nice if they were proactive and contacted you, but realistically they don't have an obligation and you don't know their situation.

    From what I've read so far:
    1. Amazon has repeatedly not delivered the parcels to the right address (unless you stuffed up the address info)
    2. They have pictures they've shown you of the packages being up at the wrong address
    Answer: Seems like this is a you and amazon issue, and amazon and the other house have their own issue.

    1. You've assumed that the person at the other address has both received, and opened/have no intent on returning the packages. You've not actually spoken to them.
    2. You said they are too big for the parcel lockers (or that thats one of the reasons you get them delivered. Could be a physical exercise to get them

    Your conclusion is the simplest, and also aligns with the 'its a waste of time for us'. They likely have received the packages, yes they can't legally keep them. Yes it would be Amazon's obligation to send someone to collect them/to pay to cover their time and cost to send them on and hope they aren't damaged/ask them to dispose of them/formally let them keep the items/ignore the issue so to not set a precedent.

    possible other answers
    *They live alone, never check who mail is addressed to and assumed someone ordered some nice presents for them and they they are the intended recipients
    *The parcels aren't even left at that address, and the amazon delivery person went to another address, took the photo to cover their tracks
    *The mail has been taken before they get home to collect it and they don't even know about it
    *There aren't actually people at that address at the moment, and someone else is getting the mail for them. The 3rd party wouldnt know they aren't supposed to go *there
    *They get random mail all the time and have given up returning it, so just leave it outside until it goes away.
    *They order a lot of stuff on Amazon, opened the packages and they got mixed in with their other stuff without even checking the addresses. I don't know over what period your 3 packages where ordered, but it has just been prime day.
    *They ordered the exact same items from Amazon and have had them delivered address/were never delivered.

    TLDR Yes its illegal to keep goods you do not own, and you can't keep it knowing it belongs to someone else, but there is a sizable burden of proof to show they are doing that (both that they are keeping it and that they know it belongs to someone else.

    • +4

      Pretty much this. The person they're being delivered to is irrelevant. Amazon need to figure out how to deliver items to the correct address, including items they have previously delivered to the wrong address. If Amazon then wishes to follow up with/ request back the items from the people they incorrectly delivered to that is up to them.

      Unless these are one of a kind items, the only action needed is for Amazon to send them again but to the correct address. The rest is for Amazon to decide.

  • +2

    Bikies

    • Do bikes do Amazon deliveries nowadays ? bet they must’ve got mortgages to pay, like the rest of us!

  • +1

    Its a legal grey area but ffs
    Ethics, common bloody ethics - if its not yours then do the right thing and send it back to the sender (RTS) or deliver it to the correct people

    • +2

      It might not be possible to do either with large parcels delivered by Amazon, though. Auspost won't RTS items they didn't deliver, it might be difficult to contact Amazon and explain the situation (esp if you don't have an account), and the parcels might be difficult to redeliver if they are large and/or heavy.

  • +2

    I received a neighbors package the person lives down the road, it camewith my delivery (driver being lazy?), i called Amazon and they said keep it and thanked me for being honest.
    It not a strangers job to go out of there way to return your package its Amazons fault they can fix it.

  • -1

    For all those who claim it is illegal to keep someones mail that was wrongly delivered to your address, is there any legal precedent for this?

    If it is illegal, it seems like a very effective way to entrap or harass someone (deliberately misaddress to the victim), so I doubt it is illegal.

    • The intent to "entrap or harass" as you've suggested is completely mute if you as the receiver do the right thing and contact the sender saying you've received something that doesn't belong to you.

      It's the intent of you wishing to permanently deprive the rightful owner of their property that's the crime, not their intent to try and "entrap" you.

      It IS very much illegal. 100% it is.

  • Amazon dropped off wrong address to me twice,
    I left it on the porch for neighbours to come get it cos Amazon usually ask buyers to check around

    Months go by and it gets dusty and label faded I keep it then

    It's likely buyers just report it lost and get free replaced by bezos

    These were "gifts" I had no use for unfortunately

    _

    One time they delivered my items to neighbour,
    I went to their house, knocked, nobody answered, checked the packages outside the door were my name then walked it all home

  • -1

    Didn't knock their door. Did have a whinge on OzBargain.

    • my exact thoughts 🤷‍♂️. But may be OP wanted some confirmations

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