OF03: Receiving Stolen Property Flashcards
What are the Elements of Receiving Stole Property?
- 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
Explain “Receives”
Exclusively or jointly with theirs has possession or control over anything unlawfully obtained or helps in its concealment/disposal
Explain “Any property stolen or obtained by an imprisonable offence”
Anything tangible or intangible that is property of any person, has value and has been stole/obtained by imprisonable offence
Explain “Knowing that property to have been stolen or so obtained”
Believing at the time of receiving that the property had been stolen or so obtained by any other imprisonable offence
Explain “Being reckless as to whether the property had been stolen or so obtained”
Receives property, despite consciously taking an unreasonable risk that it might be stolen or obtained by imprisonable offence
How can guilty knowledge be proved in relationship to Receiving?
Direct Evidence - Property Stole
Circumstantial Evidence
- Denies possession
- Undervalued purchase
- Conceals
- Conduct in relation to the property
- Amount and nature of the property