OF03: Receives Flashcards
Section
Section 246 & Section 247
Elements
Receives
Any property stolen or obtained
Knowing the property to have been stolen or being reckless as to whether or not it was stolen or obtained
Receives
Possession or control or helps to conceal or dispose
Any property stolen or obtained
Tangible or intangible
Taken in an offence other than theft
Possession or control
Awareness that the item: Is where it is Has been stolen Actual or potential control Intention to exercise that control
Helps in concealing or disposing
Act as an intermediary in arranging for or assisting in the dealings of the property
Does not have to handle the property manually or deal with is physically
Property
All or part of the original property stolen
Stolen
Property obtained in theft
Property taken in robbery or burglary
Knowing the property to have been stolen or obtained
The guilty knowledge
Believes that property is stolen or obtained unlawfully
Being reckless as to whether the property was stolen or dishonestly obtained
Suspects the property to be stolen or obtained
Takes the property anyway
Guilty Knowledge
The reckless to suspect and ignore that fact, or direct knowledge
Prove guilty knowledge
Direct evidence from thief Circumstantial evidence: Susp nature Undervalue General conduct Denies possession Hides property
Doctrine of Recent Possession
The person in possession or control of stolen property is either the thief or the receiver,
Will be charged with the receives charge and an alternative theft charge