Definitions Flashcards
Any property stolen
Anything whatsoever, property of any person, has value and has been stolen.
Receives
Either exclusively or jointly, thief or any other person, possession or control over anything unlawfully obtained, helps concealment or disposal
Any property obtained by any other imprisonable offence
Anything whatsoever, the property of any person, has value, has been obtained by an imprisonable offence other than theft
Knowing the property to have been stolen or so obtained
Believing at the time of receiving, stolen, obtained
Being reckless as to whether the property had been stolen or so obtained
Receives the property, consciously taking an unreasonable risk, stolen or obtained
Intentionally
Deliberate or reckless act without authority, consent, or excuse
Uses or deals with?
Has possession, control, exceeds authority or conditions, using or dealing in any manner
Dishonestly
Without a belief, consent or authority from the owner
Without claim of right
No belief that the act was lawful
But not so as to be guilty of theft
Unable to prove an intention to permanently deprive the owner
Uses
Gains possession or control, exceeds authority or conditions given by owner by using it in any manner
In any public place
A place that, at any material time, is open to or is being used by the public, whether free or on payment of charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; includes any aircraft, hovercraft, ship or ferry or other vessel, train or vehicle carrying or available to carry passengers for reward: includes interior of any vehicle which is in a public place
Interferes with
Touches or deals with in any way
What is circumstantial evidence?
D - denies possession (thats not mine)
U - under value price
C - conceals property
C - conduct in relation to sale (toilets)
A - amount and nature (hundreds of cigarettes)
Doctrine of recent possession?
If a person is found with recent stolen property this is sufficient enough evidence to justify they are either the thief or receiver