Liabilities - Recieving Flashcards
1
Q
Define the ingredient ‘Recieves’.
A
- Either exclusively or jointly with the thief or any other person
- has possession or control over anything unlawfully obtained
- or helps in it’s concealment or disposal.
2
Q
Define the ingredient ‘Any property stolen’.
A
- Anything whatsoever, whether tangible or intangible
- that is the property of any person
- has value and has been stolen
3
Q
Define the ingredient ‘Any property obtained by any other imprisonable offence’
A
- Anything whatsoever, whether tangible or intangible
- that is the property of any person, has value
- and has been obtained by an imprisonable
- other than theft
4
Q
Discuss the ingredient ‘Knowing that property to have been stolen or so obtained’
A
- Knowledge at the time of recieving
- that the property had been stolen
- or obtained by any other imprisonable offence.
5
Q
Discuss the ingredient ‘Being reckless as to whether the property had been stolen or so obtained’
A
- Receives the property,
- despite their being circumstances
- that indicate the property might be
- stolen or obtained by any other
- imprisonable offence
6
Q
Give three examples of ‘Guilty Knowledge’
A
- Receiver purchased the property at a gross undervalue
- The nature or amount of the property is suspicious
- The receiver concealed the property so it could not be found
7
Q
Explain the ‘Doctrine of Recent Possesion’
A
- If a person is found in possession of property that has been recently stolen, this is sufficient evidence that the possessor is either the thief or dishonest reciever.
- Onus is on the person found in possession to provide an explanation for having it
8
Q
Explain when ‘Receiving’ cannot be committed. (Donnelly Case)
A
- If property dishonestly obtained is effectively under the control of the owner or the police, a third party who takes the property is not guilty of recieving. (Think Bait)
- If property is obtained by fraud and gives it to a third person, that person cannot be charged with recieving.
9
Q
List the Ingredients for the offence of ‘Recieving’.
A
- Receives
- any property stolen
OR - any property obtained by any other imprisonable offence
- Knowing that property to have been stolen or so obtained
OR - Being reckless as to whether the property had been stolen or so obtained