CL - Receiving Flashcards
Receiving
s246(1) CA 61, 7 years/1 year/3 months
Receiving ingredients
- Receives
- Any property
- Stolen OR
Obtained by any other imprisonable offence - Knowing that property to have been stolen or obtained by any imprisonable offence OR
Being reckless as to whether that property has been stolen or so obtained
+ Value
- Receives
Receiving, s 246(3) CA 61 Possession - A or C Actual possession Ideal possession OR Constructive possession Sullivan v Earl of Caithness R v DONNELLY
- Any property
Property, sec 2 CA 61
R v LUCINSKY
- Stolen
OR
Obtained by any other imprisonable offence
Stolen, s219(1) CA 61
OR
Obtains, s 217 CA 61
An imprisonable offence
- Knowing that property to have been stolen or obtained by any imprisonable offence
OR
Being reckless as to whether that property has been stolen or so obtained
Knowing- S&B Property, sec 2 CA 61 OR Reckless R v HARNEY
Value
Value of the property
The property value is essential to the setnece as per section 247, CA 1961
Receiving, s 246(3) CA 61
Receiving is complete as soon as the offender has,
either exclusively or jointly
with the thief or any other person,
possession of, or control over, the property
or helps in concealing or disposing of the property.
Possession
Possession may be actual or constructive
Actual possession
Actual possession arises
where the thing in question
is in a persons physical custody;
it is on or about their person, or immediately at hand
Ideal possession
Warner v Metropolitan Police Commissioner
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally a possessor of a thing has:
- Complete physical control over it
- Knowledge of it existence, its situation and its qualities
Constructive possession
Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.
Sullivan v Earl of Caithness
Possession includes not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at {another location}.
R V DONNOLLY
Where stolen property has been physically recovered by the Police, it is legally impossible to commit the crimes of receiving or attempted. it must be legally possible to receive the property.
Property, sec 2 CA 61
Property includes real and personal property an any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.
R V LUCINSKY
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.
Stolen, sec 219(1) CA 61
Dishonestly and without claim of right, taking any property, with intent to deprive any owner permanently of that property or of any interest in that property.
Obtains, sec 217 CA 61
Means obtains or retains for himself or herself or any other person.
An imprisonable offence
Normal meaning - any offence punishable by a term of imprisonment
Knowing - Simester & Brookbanks
Knowing means “correctly believing” … the defendant may believe something wrongly, but cannot “know” something that is false.
R v KENNEDY
A guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.
Reckless
Acting recklessly involved consciously and deliberately taking an unjustifiable risk.
R v HARNEY
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.
Value
The property value is essential to the sentence as per section 247 CA 61.
