OF03 - RECEIVING

Question 1

3 elements of receiving;

CA S246(1) & 247(a) or 247(b) or 247(c)

Answer 1

CA S246(1) & 247(a) or 247(b) or 247(c)

1. RECEIVES
   either exclusively/jointly with thief/any person has possession/control over anything unlawfully obtained/helps concealment/disposal
2. ANY PROPERTY STOLEN/OBTAIN BY IMPRISONABLE OFFENCE
3. KNOWING/BEING RECKLESS AS TO WHETHER THAT PROPERTY TO HAVE BEEN STOLEN OR SO OBTAINED

Question 2

Receives;

Answer 2

Either exclusively or jointly with the thief or any other person
has possession or control over anything unlawfully obtained
or helps in its concealment or disposal.

Question 3

Any property stolen;

Answer 3

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

Question 4

Any property obtained by any other imprisonable offence;

Answer 4

Anything whatsoever,
whether tangible or intangible, 
that is the property of any person, 
has value
and has been obtained by an imprisonable offence other than theft.

Question 5

Knowing that property to have been stolen or so obtained;

Answer 5

Believing at the time of receiving that the property had

been stolen or obtained by any other imprisonable offence.

Question 6

Being reckless as to whether the property had been stolen or so obtained;

Answer 6

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 7

Guilty knowledge;

Answer 7

the receiver is an essential element for the offence of receiving. May be proved by;

• Direct evidence, given by actual thief.
• Circumstantial evidence - undervalued item/suspicious/behaviour/conduct

Question 8

Doctrine of recent possession;

Answer 8

a person is found in possession of property recently stolen, this is sufficient evidence to justify the possessor is the thief or dishonest receiver.