OF03: Receives Flashcards

1
Q

Section

A

Section 246 & Section 247

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2
Q

Elements

A

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

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3
Q

Receives

A

Possession or control or helps to conceal or dispose

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4
Q

Any property stolen or obtained

A

Tangible or intangible

Taken in an offence other than theft

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5
Q

Possession or control

A
Awareness that the item:
Is where it is
Has been stolen
Actual or potential control
Intention to exercise that control
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6
Q

Helps in concealing or disposing

A

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

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7
Q

Property

A

All or part of the original property stolen

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8
Q

Stolen

A

Property obtained in theft

Property taken in robbery or burglary

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9
Q

Knowing the property to have been stolen or obtained

A

The guilty knowledge

Believes that property is stolen or obtained unlawfully

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10
Q

Being reckless as to whether the property was stolen or dishonestly obtained

A

Suspects the property to be stolen or obtained

Takes the property anyway

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11
Q

Guilty Knowledge

A

The reckless to suspect and ignore that fact, or direct knowledge

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12
Q

Prove guilty knowledge

A
Direct evidence from thief
Circumstantial evidence:
Susp nature
Undervalue
General conduct
Denies possession
Hides property
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13
Q

Doctrine of Recent Possession

A

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

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