OF03 Receives

Question 1

What are the elements for Receiving stolen property? S246(1) CA1961

Answer 1

• 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

Question 2

What are the penalties for Receives stolen property? S246 CA1961

Answer 2

Same penalties as Theft S219 CA1961

Question 3

What does receives mean?

Answer 3

• Gains possession or control over it

- Aids in concealing or disposing of it.

Question 4

What does ‘property’ mean? Receiving

Answer 4

Must be all or part of the original property.

Question 5

What does stolen mean?

Answer 5

Mostly includes burglary or robbery.

Question 6

What does ‘reckless’ mean?

Answer 6

As if the receiver suspects the property to have been stolen and deliberately “shut their eyes” to the circumstances.

Question 7

What does gross undervalue mean?

Answer 7

Evidence must show that it is more than just a ‘bargain’.

Question 8

What does nature of the property mean?

Answer 8

The number or nature of the property e.g a person in possession of 100 cartons of cigarettes.

Question 9

What does guilty knowledge mean? Receiving

Answer 9

Is an essential element for the offence. May be proved by
- direct evidence e.g evidence given by the actual thief
- circumstantial evidence; for example
• Purchased at gross undervalue
• the nature and amount of the property causes suspicion
• the receiver falsely denies having possession of the property
• the receiver concealed the property so it could not be found

Question 10

What does any property stolen mean? Theft

Answer 10

Anything whatsoever, that is the property of any person, has value, and has been stolen.

Question 11

What does knowing that property to have been stolen or so obtained mean?

Answer 11

Believing at the time of receiving, that the property had been stolen or obtained by any other imprisonable offence.

Question 12

What does ‘being reckless as to whether the property had been stolen or so obtained’ mean?

Answer 12

Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.

Question 13

What is the ‘Doctrine of Recent Possession’?

Answer 13

• A person found in recent possession of the property recently stolen can be considered a thief or a dishonest receiver. The person in possession must be able to provide an explanation for having it, or they can be charged with theft or receiving.
• the prosecution must prove that the defendants possession was unlawful.