6. Receiving Flashcards
- When is the act of receiving complete?
- either exclusively or jointly with the thief or any other person
- possession or control of the property, or
- has assisted in the concealment or disposition of the property
- if there is guilty knowledge at that point, the offence is complete.
What was held in the case of R v Lucinsky as it relates to receiving?
The property received must be the property stolen or illegally obtained (or part thereof), and not some other item for which the illegally obtained property had been exchanged or which are the proceeds: R v Lucinsky (1935) NZLR 575 (CA).
What is the doctrine of recent possession?
It is the presumption that the 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.
Explain how possession of property can be established in a charge of receiving
• 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).
possession can be described as an:
- awareness that the item is where it is
- awareness that the item has been stolen
- actual or potential control of the item; and
- an intention to exercise that control over the item
The act of receiving is complete once the defendant has:
- either exclusively or jointly with the thief or any other person obtained possession or control or
- has assisted in the concealment or disposition of the property
- if there is guilty knowledge at that point, the offence is complete
can you charge with receiving from an unknown person?
yes
Whether possession is ‘recent’ depends on:
- Nature of the property
- Surrounding circumstances
Circumstantial evidence for receiving
possession of recently stolen property
- lack of original packaging
- nature of the property, ie type, value, quantity
- purchase at a gross undervalue
- secrecy in receiving the property
- receipt of goods at an unusual place
- receipt of goods at an unusual time
- receipt of good in an unusual way
- type of person goods received from
- mode of payment
- removal of identifying marks or features
- no receipt
How to avoid title
- Communicate with offender
- Take all reasonable steps to bring it to the deceivers notice eg sending a letter or email
- Advise police of the circumstances of the deception
Define ‘title’
Right or claim to the ownership of property
Define ‘taking’
Offender moves the property or causes it to be moved
*Is money obtained by drug dealing property obtained by dishonest means?
yes
Define property
S2 CA 1961
Real and personal property, any estate or interest in real and personal property, money, electricity and any debt, anything in action, any other right or interest
True or false, for the offence of receiving, it must be legally possible to commit the offence
True
