6. Receiving

Question 1

Possession

Answer 1

R v Cox

Involves two elements.
Physical element - custody or control.
Mental element - combination of knowledge and intentional.

Question 2

Possession for receiving

Answer 2

Cullen v R
Four elements of possession for receiving;
Awareness that the item is where it is
Awareness item has been stolen
Actual or potential control of item AND
An intention to exercise that control over the item

Question 3

The offence must be legally possible

Answer 3

R v Donnelly

Must be legally possible.
If the accused receives legal title or property is returned to owner and later sold they cannot be charged with receiving.

Even if the receiver may know that the property had previously been stolen or dishonestly obtained.

Question 4

Define property

Answer 4

S2
CA1961

Any real or personal property
any estate or any interest in any real and personal property

Question 5

Def - Concept of title

Answer 5

A right or claim to the ownership of property. Legal right to possession of that property.

Question 6

How is title gained

Answer 6

Title gained by deception - owner willingly pass properly to the offender. Property is taken by consent.

Question 7

Voidable title

Answer 7

Title obtained by deception is “voidable title”

Until title is voided the offender has title to property and is able to confer title on to anyone who subsequently acquires the property from him/her in good faith

Question 8

Voidable title

Answer 8

Complainant must bring a civil claim seeking an order of the Disputes Tribunal or Small Claim tribunal and seek a ruling from the circs provided

Question 9

R v Kennedy

Answer 9

Guilty knowledge that the thing has been stolen or dishonesty obtained must exist at the time of receiving

Question 10

Circumstantial evidence of guilty knowledge

Answer 10

Lack of original packaging
Mode of payment
Type of person goods received from
Removal of ID marks or features
False denial or knowledge
Receipt of good in an unusual way
Receipt of goods at an unusual time
Receipt of goods at an unusual place

Question 11

Evidence of propensity

Answer 11

Propensity evidence holds relevance to a receiving charge, and may, where permitted, be introduced as evidence in proceeding in relation to a receiving charge

Question 12

Doctrine of recent possession

Answer 12

Where the the defendant acquired possession willingly
Proof of possession by the defendant of property recently stolen is
In the absence of a satisfactory explanation
Evidence to justify a belief and finding that the possessory is either the thief or receiver OR has committed some other offence associated with the theft of the property