0FO3 - RECEIVING STOLEN PROPERTY Flashcards
What are the ELEMENTS for the offence of RECEIVING STOLEN PROPERTY?
- Receives
- any property stolen
OR - any property obtained by any other imprisonable offence
- Knowing that property to have been stolen or so obtained
OR - Being reckless as to whether the property had been stolen or so obtained
Define the element ‘Receives’.
- Either exclusively or jointly with the thief or any other person
- has possession or control over anything unlawfully obtained
- or helps in it’s concealment or disposal.
Define the element ‘Any property stolen’.
- Anything whatsoever, whether tangible or intangible
- that is the property of any person
- has value and has been stolen
Define the element ‘Any property obtained by any other imprisonable offence’
- Anything whatsoever, whether tangible or intangible
- that is the property of any person, has value
- and has been obtained by an imprisonable
- other than theft
Discuss the ingredient ‘Knowing that property to have been stolen or so obtained’
- Knowledge at the time of receiving
- that the property had been stolen
- or obtained by any other imprisonable offence.
Discuss the element ‘Being reckless as to whether the property had been stolen or so obtained’
- Receives the property,
- despite their being circumstances
- that indicate the property might be
- stolen or obtained by any other
- imprisonable offence
What is the DOCTRINE OF RECENT POSSESSION?
Anyone who has possession of property which has recently been stolen and who has no reasonable excuse for possession, COULD be sufficient to suggest they are either the thief or the receiver.
What and how is guilty knowledge proved?
- DIRECT EVIDENCE (Evidence given by the actual thief)
- CIRCUMSTANTIAL EVIDENCE (Suspicious circumstances / falsely denies etc)
What is the penalty for receiving stolen property?
Over $1000 - 7 years
Over $500 - 1 year
Under $500 - 3 months
What is ‘GROSS UNDERVALUE’?
Evidence must show more than just a ‘bargain’ ($5 cigarettes or $500 lambo)
What is ‘NATURE OF THE PROPERTY’?
The number or nature of the property for sale may causes suspicion (a person in possession of hundreds of cartons of cigarettes OR a restricted item e.g firearms)
