handling stolen goods Flashcards
define handling stolen goods
It is important to note that just because you pay a “fair” price for stolen goods, you are not the legal owner of it - the original owner is.
explain Section 22 of the Theft Act 1968
-A person handles stolen goods if, while knowing or believing to know, that they are stolen goods, he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal
- The stolen good does not have to be received for the receiver to handle/keep, there can be a case whereby a person arranges someone to receive a stolen good and bring it to them.
- Also, if a person believes goods to be stolen and receives it, but it was not in fact stolen, then although they meet mens rea, they do not meet actus reus, and so are not liable. Though, they might be guilty of attempted handling.
What is the Actus Reus of Handling Stolen Goods?
In order for Actus Reus to be achieved for Handling of Stolen Goods, all 3 elements must be achieve.
What are the three elements?
-Stolen
- Goods and their Proceeds
-Handling
What does “Stolen” mean in this context and what does it include?
-“Stolen” is important here because in order for someone to be convicted of “Handling of Stolen Goods”, the goods must first be stolen, then given, or kept.
-Goods obtained through blackmail, fruad, robbery, etc. is considered “stolen”
-Interestingly, the thief may not be convicted of “handling of stolen goods” if he does not keep them, but instead gives them to someone else, who, if they know it was stolen, will be convicted.
-Though if the thief does keep the stolen good, he will be convicted for handling.
-Stolen goods can also include goods stolen outside the UK.
Give a case example of stolen goods
HAUGHTON V SMITH 1975
-the defendant helped dispose a van with stolen corned beef
-however , since the goods had been recovered by the police and were no longer considered stolen, then there no offence in handling stolen goods
When do goods cease to be stolen?
-When they are returned to their lawful owner -When they are in custody and protection of the police
- When the lawful owner no longer considers the goods to be their property
What does “Goods and their proceeds” mean?
-This essentially means that the stolen good, even if it is sold, will remain a stolen good, until it ceases to be a stolen good.
-“Proceeds” is referring to, in the event that the good is sold for money or any other form of payment, by the thief or handles who knows the good was originally stolen, the money or other payment received will also be seen as “stolen goods”, since it was sold dishonestly.
-However, if an innocent person were to buy the stolen good, and then sell it, the money or other payment received will not be considered a ‘stolen good’ since they did not sell it dishonestly. However, the stolen good will remain a stolen good.
What does Handling mean in this context and what does it include
Handler is the person who is currently in possession or “handling” of the stolen good. Simply using them is not the same as “handling” though. Handling cane be committed in various ways, such as:
-Receiving Stolen goods
-Arranging to receive
-Retention of the goods
-removal of goods
-disposal of goods
-realization of goods
what does receiving stolen goods mean
-Whereby there is possession or control of stolen property
-It does not have to be physical possession, as intangible property such as credit in a bank counts as property.
- However, helping to remove stolen goods from, let’s say, a van, is not enough to amount to receiving, as the element of taking possession or control has not been completed.
give a case example
R v Pitchley 1972 whereby defendant was given stolen money to keep, and although he did not know it was stolen initially, when he did know he chose to retain it. Thus, he was convicted
what is arranging to receive
-Whereby an agreement to receive stolen goods has been made
-However, these goods must already have been stolen, and if they are still in early development then they do not yet count
what is retention of goods
Whereby defendant, after knowing a good was stolen, chooses to retain the goods, keeping control and possession of them.
explain the removal of the goods
Whereby a person helps carrying or transporting stolen goods for the benefit of someone else, like the thief.
explain Realization of stolen good
Involves selling or exchanging the stolen good for something else of value, like money, to another person(handler, or thief)
