OF03 Receiving

Question 1

What are the powers to arrest for receiving?

Answer 1

Crimes Act 1961 Section 315 (2)(a) and (b)

Question 2

What are the elements of receiving?

Answer 2

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 3

Receives; proven by

Answer 3

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 4

Any property stolen; proven by

Answer 4

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

Question 5

Any property obtained by any other imprisonable offence; proven by

Answer 5

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 6

Knowing that property
to have been stolen or
so obtained; proven by

Answer 6

Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.

Question 7

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

Answer 7

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 8

Section 88 of Search and Surveillance 2012 provides what?

Answer 8

Warrantless search of arrested or detained person where there are reasonable grounds to believe a person has stolen or received property on or about them.

Question 9

When is a receiving charge not possible?

Answer 9

Under section 246(4) of Crimes Act 1961

If property dishonestly obtained is effectively under the control of the owner or the police (who have found and recovered it)

or

A third party who takes the property is not guilty of receiving. (Donnelly case)

Question 10

What section is punishment of receiving?

Answer 10

section 247 of Crimes Act 1961

Note:
You must include the value of the item in the charging document, because it affects the penalty.

Question 11

What is guilty knowledge?

Answer 11

Guilty knowledge on the part of the receiver is an essential element for the offence of receiving. Guilty knowledge may be proven by:

• Direct evidence
- evidence given by actual thief

• Circumstantial evidence
- the receiver purchased the property at gross undervalue
− there are suspicious circumstances around the acquisition of the
property
− the nature or amount of the property causes suspicion
− the receiver falsely denies having possession of the property
− the receiver concealed the property so that it could not be found
− the receiver’s general conduct in relation to the property.

Question 12

What is Doctrine of Recent Possession?

Answer 12

If a person is found in possession of property that has recently been stolen, this is sufficient evidence to justify a finding that the possessor is either the thief or a dishonest receiver. The possession is accepted by the courts as circumstantial evidence that the person either stole the property or received it from the thief.

It puts the onus on the person found in possession of the property to provide an explanation for having it, or be charged with theft or receiving.

Question 13

What is the recent possession timeframe?

Answer 13

up to 3 months