Chapter 18- Handling stolen goods

Question 1

what is handling stolen goods in the act and what section does it fall under

Answer 1

Section 22
-a person handles stolen goods if they knowingly or believe them to be stolen by dishonestly receiving them or dishonestly assists in retaining them

Question 2

what are the 3 elements of the actus reus

Answer 2

-stolen
-goods and their proceeds
-handling

Question 3

describe the case of Haughton v Smith where handling of stolen goods was quashed

Answer 3

A truck had stolen meat and the police found out. They disguised themselves into the truck in order to drive to the thief that had wanted to offload them. since the goods were no longer or handled, the conviction of handling stolen goods was cleared

Question 4

Goods cease to be stolen goods when:

Answer 4

-They are returned to their lawful owner
-in custody and protection from police
-the owner of the goods no longer considers them goods of their property

Question 5

What does ‘Goods and their proceeds’ mean

Answer 5

It means a thief may intend to sell the stolen goods to an innocent customer with the belief that the goods won’t be considered stolen

Question 6

Handling can be committed in 2 ways

Answer 6

-Receiving the stolen goods
-undertaking in their removal for their benefit

Question 7

there are 4 possible activities that may amount to handling within the offence:

Answer 7

> > retention of the goods
removal of the goods
disposal of the goods
realisation of the goods

Question 8

describe the case of R v Pitchley and which of the 4 activities of handling does it fall under

Answer 8

The defendants son gave him some money initially not knowing it was stolen, he put it in his bank account. After he found out it was stolen, He left the money in his account
this falls under RETENTION of stolen goods

Question 9

what does realisation of goods mean

Answer 9

This refers to the exchange or selling of the stolen goods for something of value

Question 10

Which 2 elements fall under Mens Rea here

Answer 10

-Knowledge and belief
-dishonesty

Question 11

what amounts to Knowledge or belief

Answer 11

-The handler must be aware that the goods were stolen or believe to be stolen.

Question 12

What is the maximum sentence for handling stolen goods

Answer 12

-14 Years imprisonment

Question 13

what does receiving and arranging to receive mean

Answer 13

It means to take possession of the stolen property
-planning to handle goods that will be stolen