6. Receiving Flashcards
What are the elements for receiving?
- act of receiving
- 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 offence
OR - being reckless as to whether or not the property had
been stolen of obtained.
Describe the ACT of receiving?
- The receiver has to receive it from someone
- The receiver must know that the property was stolen or obtained by some other imprisonable offence.
- The property must be stolen.
When is the ACT of receiving complete?
Section 246(3)
As soon as the offender has, either exclusively or jointly with the thief or other person, possession of, or control over, the property or helps conceal or disposing of the property.
What is possession, what case law covers this?
R v Cox
Possession has two elements. The first is physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention; knowledge in the sense of an awareness by the accused that the substance is in his possession and intention is to exercise the possession.
What is outlined in R c Cullen in relation to receiving property?
- An awareness that the item is where it is
- An awareness that the item has been stolen
- actual or potential control or the item AND
- an intention to exercise that control over the item.
R v Donnelly what was defined?
Where a stolen item is returned to owner or legal title to such property has been acquired by a 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.
What is the definition of property?
Section 2 CA 1961
Property includes real and personal property and any estate or interest in any real and personal property, money, electricity, and any debt and anything in action and any other right or interest.
What was found in R v Lucinsky?
The received must be the property stolen or illegally obtained and not some other item for which the illegally obtained property had been exchanged or which are the proceeds.
What was found in R v Harney?
Recklessness is the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen together with the intention to continue the course of conduct regardless of risk.
What are some of the circumstantial evidence of guilty knowledge?
- Possession of recently stolen goods
- nature of the property, 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 goods at an unusual way
- concealment of the property to avoid discovery
- removal of identifying marks or features
- steps taken to disguise property, removal altering of serial numbers, painting.
- lack of packaging
- Type of person goods received from
- mode of payment
- absence of receipt where receipt would usually be issued.
What is the doctrine of recent possession?
This relates to where there is an absence of a satisfactory explanation and the suspect has obtained the property willingly. It is circumstantial evidence for an inference to be taken that the possessor of the property is the thief or receiver.
In order for possession to be “recent” what two things does it depend on?
- Nature of the property AND
- the surrounding circumstances.
When is the act of receiving complete?
Once the defendant has: s246(3)
- either exclusively or jointly with the thief or any other person 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 an a person be liable of receiving property that has already been recovered by Police?
No, property must not have been restored or returned to the owner. - R v Donnelly.
What are the steps a person must do in order to avoid their property?
- Communicate directly with the deceiver OR
- Take all reasonable steps possible to bring it to the the notice of the deceiver, OR
- advise police of the circumstances of the deception.
