6. Progress Test

Question 1

Explain how possession of property can be established in a charge of receiving?

Answer 1

Possession can be established by showing that the property is:

• in the immediate physical custody of the receiver OR
• at a location over which the receiver has control (such as their place of business or private residence)

Question 2

What is the doctrine of possession?

Answer 2

It is the presumption of possession of property recently stolen is, in the absence of a satisfactory explanation, evidence to justify a belief and find that the possessor is either the thief or receiver. or has committed some other offence associated with the theft of the property, eg burglary or robbery.

Question 3

What was held in R v Lucinsky?

Answer 3

That the property stolen or illegal obtained is not some other property that the illegally obtained property was exchanged or proceeds from.

Question 4

When is the act of receiving complete?

Answer 4

Once the defendant has:

• either exclusively or jointly with the thief or some other person
• possession or control over the property OR
• has assisted with the concealment or disposition of the property
• and there is guilty knowledge at that point, then it is complete.