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

define

RECEIVES…

Answer 2

• Gains POSSESSION or CONTROL

- AIDS in CONCEALING or DISPOSING of it.

Question 3

DEFINE

stolen

Answer 3

Mostly includes THEFT, BURGLARY, or robbery.

Question 4

DEFINE

‘RECKLESS’

Answer 4

CONSCIOUSLY TAKING UNREASONABLE RISK.

Question 5

DEFINE

GROSS UNDERVALUE

Answer 5

Evidence must show that it is MORE THAN JUST A BARGAIN.

Question 6

What does nature of the property mean?

Answer 6

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

Question 7

What does guilty knowledge mean?

Mens Rea for Receiving

Answer 7

Is an essential element for the offence. May be proved by
- direct evidence
or…
- 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 8

DEFINE:

any property stolen

Answer 8

PROPERTY of any person, has VALUE, and HAS BEEN STOLEN.

Question 9

DEFINE

knowing that property to have been stolen or so obtained

Answer 9

BELIEVING AT THE TIME

Question 10

What is the ‘Doctrine of Recent Possession’?

Answer 10

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.