OF03 Receiving

Question 1

What are the elements of receiving (Section 246(1) and 247, Crimes Act 1961)?

Answer 1

1: Receives
2: Any property stolen OR any property obtained by any other imprisonable offence
3: Knowing the property to have been stolen or so obtained OR being reckless as to whether the property had been stolen or so obtained

Question 2

How do you prove the element of “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

How do you prove the elements of “any property stolen OR obtained by any other imprisonable offence”?

Answer 3

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

Question 4

How do you prove the element of “knowing the property to have been stolen or so obtained OR being reckless as to whether the property was stolen or so obtained”?

Answer 4

1: Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence
OR
2: Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence