OF03: Receiving Flashcards
3 Elements of Recieving
Receives.
Any stolen property
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
Receives
Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in it concealment or disposal.
Any property
Anything whatsoever, property of any person, has value and has been stolen
Any property obtained by any other imprisonable offence
Anything whatsoever, the property of any person, has value and has been obtained by an imprisonable offence other than theft
Knowing that property to have been stolen or so obtained
Believing at the time of receiving that property had been stolen or obtained by any imprisonable offence
Being reckless as to whether the property had be stolen
Selling a $5000 bike for $50
When is receiving complete?
When offender has possession of the property
Elements for Possession and control
Knowing where the item is, knowing that item has been stolen, actual or potential control of the item and intention to exercise that control over the item
Punishment of receiving section 247
Depending on the value could vary between $500 - $1000 and imprisonment from 3 months - 7 years
Guilty knowledge
Direct evidence- thief told them it was stolen.
Circumstantial evidence- reckless, suspicious