Association Offences - Receiving

Question 1

Act, Section and elements of Receiving

Answer 1

Receiving Section 246(1) CA1961
- Receives
- Any property
- Stolen OR Obtained
- By any other imprisonable offence
- Knowing that the property had been stolen or so obtained, OR
- Being reckless as to whether or not the property had been stolen or so obtained.

Question 2

R v Cox - Possession

Answer 2

Possession involves two elements mental and physical.
1. Actual or potential physical control or custody.
2. Knowledge of the property and intention to exercise control over that property.

Question 3

Cullen v R

Answer 3

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 control over the item.

Question 4

R v Donnelly

Answer 4

Where stolen property is returned to the owner or legal title is obtained, it is not an offence to subsequently receive the property, even though the receiver knows the property was illegally obtained originally.

Question 5

Define property

Answer 5

S2 CA1961 - Any real and personal property, and any estate or interest in real and personal property, money, electricity, and anything in action, and any other right or interest.

Question 6

Define Title

Answer 6

A right or claim of ownership of property.

Question 7

R v Kennedy

Answer 7

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

Question 8

Define Recklessness

Answer 8

Conscious and deliberate taking of an unjustified risk.

Question 9

Cameron v R

Answer 9

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 10

R v Lucinsky

Answer 10

The property received must be the property stolen or illegally obtained, and not some other item for which the illegally obtained property had been exchanged.

Question 11

What is the Doctrine of recent possession

Answer 11

If an offender is located in possession of stolen goods a short time after they were taken they can be presumed guilty. Whether possession is recent depends on the nature of the property and the surrounding circumstances.