OF03 Receiving

Question 1

What are the elements of receiving stolen property?

Answer 1

Receives

Any stolen property
OR
Any property that has been obtained by any other imprisonable offence

Knowing that property to have been stolen or so obtained
OR
Being reckless as to whether the property has been stolen or so obtained.

Question 2

When is receiving complete?

Answer 2

as soon as the offender has exclusively or jointly with the thief has possession or control over the property.
or helps concealing or disposing of the property.

Question 3

Does the property received have to be the original property?

Answer 3

Yes

Question 4

What are some factors to consider of reckless to whether the property has been stolen?

Answer 4

1. suspicious circumstances of the sale
2. nature of the property
3. gross undervaluing of the property

Question 5

Why is the value of the property so important to determine?

Answer 5

As the value of the property depends the term of the punishment if convicted.

Question 6

Explain the Doctrine of Recent Possession.

Answer 6

If a person is found in possession they they are either the thief or have received it. The onus is then on the defender to explain why they have the property.

Question 7

What is Charging in the alternative?

Answer 7

When the onus is on the defendant why they are in possession of stolen goods then you file both theft and receiving charges for the defendant to fight.