OF03:Receiving

Question 1

Where do you find the offence of Receiving?

Answer 1

Section 246(1), Crimes Act 1961

Question 2

When is receiving complete?

Answer 2

• Possession or control over the property either alone or with the thief
• Conseal or dispose

Question 3

What are some things that prove possession or control?

Answer 3

• knowing where the item is
• knowing the item has been stolen
• control or potential control of the item
• intent to enact control

Question 4

What does the property need to be for the offence of receiving to be proved?

Answer 4

• Original item or

- Part of the original item

Question 5

A person doesn’t have to know what for receiving to be proven?

Answer 5

What offence the property had been obtained by

Question 6

What is the doctrine of recent possession?

Answer 6

Person being found in possession of property that has been recently stolen, taken as circumstantial evidence they either stole it or received it

Question 7

What type of penalty would a receiver get in court?

Answer 7

Typically the same type of penalty as the theif

Question 8

How can guilty knowledge be proven?

Answer 8

• Direct evidence
• Circumstantial evidence such as; receiver purchased at gross undervalue, suspicious circumstances around acquisition, nature or amount of property, falsely denies having possession, receiver concealed property, receiver’s general conduct

Question 9

When is a receiving charge not possible?

Answer 9

Property under control of police or the owner after finding and recovering it
Third-party who takes not guilty of receiving

Question 10

When would you consider charging someone with theft where you would usually charge them with receiving?

Answer 10

When the original thief can’t be legally prosecuted due to age or mental condition.