handling stolen goods

Question 1

S22 TA 1968

Answer 1

A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods or dishonestly undertakes and assists in their retention, removal, disposal or realisation by or for the benefit of another person or if he arranges to do so.”

Question 2

ar

Answer 2

• An extremely wide-ranging offence, moving well beyond D taking physical control of V’s recently stolen goods
• Core issues are around the words goods, stolen and handling

Question 3

goods

Answer 3

• S34(2)b TA 1968
• “Goods…includes money and every other description of property except land, and includes things severed from the land by stealing.”
• Remains the same as property defined on S4 with the exception of land – non severed fixtures are property but will not be goods in this offence

Question 4

stolen

Answer 4

• For there to be a handling offence, it must be demonstrated that the goods were actually stolen
• S24 TA 1968
• The goods can be stolen from theft, robbery, burglary, blackmail or fraud
• Does not matter whether D personally committed, but it should be demonstrated that someone did

Question 5

defazio v DPP [2007]

Answer 5

• V’s missing credit cared was found in D’s house, D charged with handling stolen goods
• Appeal allowed, just because it was found does not mean that it was stolen
• When goods are found, and there is doubt on their status, the fact that D has been told by another that they are stolen is not sufficient to demonstrate they are stolen
• Material evidence such as witnessing the things being stolen, buying in suspicions circumstances or getting for an unrealistically low price may be enough

Question 6

handling

Answer 6

S22(1) “a person handles if he…receives the goods, or undertakes or assists in their retention, removal, disposal, or realisation by or for the benefit of another person…”

Question 7

recieves or arranged to recieve

Answer 7

• If goods are found on D’s premises will not be sufficient, it must be shown that they are there by D’s invitation or agreement – receiving requires D’s active participation

Question 8

retention removal disposal realisation

Answer 8

• Retention: D acts in a way which makes it likely that stolen goods will be kept
• Removal: D assists with moving the goods from one location to another
• Disposal: D to destroy, sell or exchange the stolen goods
• Realisation: requires D to exchange goods for money or other property and overlaps with disposal

Question 9

for the benefit of another

Answer 9

• It must be shown that D has acted for the benefit of another – this ensures that every theft doesn’t become a stolen goods issue

Question 10

mens rea of s22

Answer 10

• There are 2 main MR elements, knowledge or belief that the goods are stolen and honesty

Question 11

knowledge or beleif

Answer 11

• Subjective MR terms and it must be proved that D believed or knew that the goods were stolen
• Suspicion or recklessness that the goods are stolen will never be enough
• If D is suspicion but doesn’t look into it to remain ignorant, it will not be sufficient for handling stolen goods

Question 12

dishonesty

Answer 12

• Using the previous Ivey test:
• What was the actual state of D’s knowledge or belief as to the facts?
• And in the context of the above, Was D’s conduct dishonest by the standards of ordinary, decent people?