6. Receiving

Question 1

Receivers of property stolen or obtained by an imprisonable offence generally fall into what two main categories:

Answer 1

• opportunists taking advantage of a ‘bargain’, or

* professionals who receive stolen goods and organise crimes as a business operation.

Question 2

Receiving
Section 246(1), Crimes Act 1961

When is Receiving Complete (3)

Answer 2

(1) Every one is guilty of receiving who receives any property stolen or obtained by any other imprisonable offence, knowing that property to have been stolen or so obtained, or being reckless as to whether or not the property had been stolen or so obtained.
(3) Receiving is complete as soon as the offender has, either exclusively or jointly, possession of, or control over, the property or helps in concealing or disposing of the property.

Question 3

What is required to be proved

The elements of receiving are?

Answer 3

• The Act of Receives any property
• stolen, or obtained by any other imprisonable offence
• knowing that at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence, or
• being reckless as to whether or not the property had been stolen or so obtained.

Question 4

Act of Receiving
3 Elements
PSRK

Answer 4

• There must be property which has been stolen or has been obtained by an imprisonable offence.
• The defendant must have “received” that property, which requires that the receiving must be from another.
• The defendant must receive that property in the knowledge/ that it has been stolen or illegally obtained, or being reckless as to that possibility.

Question 5

When is the act of receiving complete

Answer 5

as soon as the offender has possession of, or control over, the property or helps in concealing or disposing of the property.

It is not necessary that the receiver take personal physical custody of the property in question.

Question 6

Possession

R v Cox

Answer 6

Possession involves two elements.
The first, the physical element, physical or actual custody or control.
The second, the mental element, is a combination of knowledge and intention of possession.

Question 7

Possession for receiving

R v Cullen

Answer 7

There are four elements of possession for receiving:

(a) awareness that the item is where it is;
(b) awareness that the item has been stolen;
(c) actual or potential control of the item; and
(d) an intention to exercise that control over the item.

Question 8

Assisting in disposal or concealment of stolen property

Answer 8

You must prove both actual assistance and guilty knowledge was present if alleged defendant assisted disposal or concealment of stolen property

Question 9

The offence must be legally possible

R v Donnelly

Answer 9

Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person,

It is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained.

Question 10

Proving Dishonestly

Answer 10

In R v Crooks,

An implied requirement that the accused act with a dishonest intention:

Question 11

Define Property S2

R v Lucinsky

Answer 11

Property includes real and personal property, includes interest

The property received must be the property stolen or illegally obtained (or part thereof), and not some other item

• which the illegally obtained property had been exchanged or
• which are the proceeds.

Question 12

Stolen or obtained by any imprisonable offence

Answer 12

Theft/Taking Section 219(4), Crimes Act 1961

theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 13

Concept of title

and Voidable Title

Avoiding Title

Answer 13

Title is legal right to possession of that thing.

Where property is obtained by deceptive means the offender gains both possession and title,

whereas with theft the property is taken without the consent of the owner and no transfer of title occurs.

Title obtained by deception is referred to as ‘voidable title’. This means that the title can be avoided by the seller

Until the title is avoided, the person committing the deception has title to the property concerned and is able to confer a good title on to anyone who subsequently acquires the property from him in good faith.

• communicate with B, take all other possible steps to bring it to B’s notice, eg by writing a letter
• advise the police.

Question 14

The effect of Section 246(4)

Answer 14

264(4) is R v Donnelly

Refer to title Chart

where title has not been avoided, a person who would otherwise be a receiver, cannot be convicted of receiving from a person who has voidable title to property

Question 15

Knowledge of property stolen

R v Kennedy

Answer 15

The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.

Question 16

Define Reckless

Cameron v R

Answer 16

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Question 17

Doctrine of recent possession

Answer 17

The doctrine of recent possession rule allows for proof of theft or receiving by way of circumstantial evidence.

In circumstances where a person is found in possession of stolen property reasonably soon after the theft, an inference may be drawn that the person in possession either stole the property or received it from the thief.

Applies only to cases where defendant is in possession of property recently stolen or obtained dishonestly.

Whether possession is ‘recent’ is dependant on:
• the nature of the property, and
• the surrounding circumstances.