6. Receiving Flashcards
What are the elements of receiving, s246(1)?
- recieves
- any property stolen OR obtained by any other imprisonable offence
- knowing that at the time of recieving 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.
When is the act of receiving complete, s246(3)?
as soon as the offender has possession of, or control over, the property or helps in concealing or disposing of the property.
What is the punishment for receiving?
>$1000 = 7 years $500 = 1 year
What is the case law regarding possession?
Possession involves two elements. The first, the physical elements, 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 an intention to exercise possession.
- R v Cox
What is the case law regarding a test in relation to possession for receivers of stolen property?
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.
- Cullen v R
What is held regarding control over property located at a place over which the receiver has control?
- must prove the receiver arranged for the property to be delivered there
- or that on discovering the property, he or she intentionally exercised control over it
- Intent to possess the property must also be satisfied.
What must prosecution prove in situations where the defendant assisted in disposal or concealment of stolen property?
must prove both actual assistance and guilty knowledge. The doctrine or recent possession has no application in such circumstances.
What is the case law regarding receiving having to be legally possible?
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.
- R v Donnelly
What is the definition of property?
includes any real and personal property, and any estate or interest in any real and personal property, money, electricity and any debt.
What is held regarding conviction as proof of guilt?
the conviction of an individual is conclusive proof of that person’s guilt. You are therefore able to rely on the conviction of the thief or obtainer as proof of the offence relating to the property stolen or obtained.
What steps can be taken to avoid title?
- Communicate directly with the deceiver
- Take all reasonable steps to bring it to the deceivers notice e.g. letter or email
- Advise police
What is the case law regarding guilty knowledge at time of receiving?
the guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.
- R v Kennedy
What is the case law regarding recklessness?
recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.
- R v Harney
What are some examples of circumstances of guilty knowledge?
• Possession of recently stolen property • Purchase at gross undervalue • Secrecy in receiving property • Receipt of goods in unusual way, Receipt of goods at an unusual time Receipt of goods at an unusual place • Concealment of property to avoid discovery • Removal of identifying features or marks • Lack of original packaging Nature of the property Mode of payment Absence of receipt
What is the case law regarding condition of property received?
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
