CL - Receiving Flashcards
1
Q
Receiving is complete
A
As soon as the offender either exclusively or jointly with the thief or any person, possession of or control over the property or helps in concealing or disposing of the property
2
Q
Possession and control - Four legal elements
A
- Awareness that the item is where it is
- Awareness that the item has been stolen
- Actual or potential control of the item; and
- An intention to exercise that control over the item
3
Q
Doctrine of Recent Possession
A
A person found in possession of that property recently stolen this is sufficient evidence to justify that the possessor is either the thief or a dishonest receiver. The possession is accepted by the courts or circumstantial evidence that the person either stole the property or received it from the thief.