OF03: Receiving Stolen Property Flashcards

1
Q

What are the Elements of Receiving Stole Property?

A
  • 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
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2
Q

Explain “Receives”

A

Exclusively or jointly with theirs has possession or control over anything unlawfully obtained or helps in its concealment/disposal

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3
Q

Explain “Any property stolen or obtained by an imprisonable offence”

A

Anything tangible or intangible that is property of any person, has value and has been stole/obtained by imprisonable offence

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4
Q

Explain “Knowing that property to have been stolen or so obtained”

A

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

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5
Q

Explain “Being reckless as to whether the property had been stolen or so obtained”

A

Receives property, despite consciously taking an unreasonable risk that it might be stolen or obtained by imprisonable offence

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6
Q

How can guilty knowledge be proved in relationship to Receiving?

A

Direct Evidence - Property Stole
Circumstantial Evidence
- Denies possession
- Undervalued purchase
- Conceals
- Conduct in relation to the property
- Amount and nature of the property

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