0F03- Recieving Stolen Property (NOT EXAM 2)

Question 1

What are the elements of Recieving?

Answer 1

1) Recieves
2) Any property stolen OR Any property obtained by any other imprisonable offence
3) Knowing that property to have been stolen or so obtained OR Being reckless as to whether the property had been stolen or so obtained.

Question 2

What is guilty knowledge?

Answer 2

Is on the part of the receiver. They know it’s stolen but has it anyway.

Only proven by - Direct evidence - evidence given by the thief. Unwise to convict someone on thief’s un corroborated evidence.

Question 3

Doctrine of Recent possession

Answer 3

If a person is found with property that has recently been stolen it is sufficient evidence to justify that the person is either a thief or receiver.

makes person either provide an explanation for having it or be charged with theft or receiving.