OF03 RECIEVING STOLEN PROPERTY

Question 1

Receiving section

Answer 1

Crimes Act 1961, Section 246(1) & 247(a) or 247(b) or 247(c)

Question 2

Elements of recieving?

Answer 2

Recieves
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 wether the property had been stolen or so obtained.

Question 3

When is recieving complete?

Answer 3

Possession
Control
Concealing

Question 4

Define helps in concealing or disposing

Answer 4

assists a thief by hiding stolen property

or aiding in its disposal

Question 5

Define any property stolen

Answer 5

Anything whatsoever, whether tangible or intangible, that is

the property of any person, has value

Question 6

Knowing that property
to have been stolen or
so obtained. definition

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. definition

Answer 7

Receives the property, consciously
taking an unreasonable risk that the property might be
stolen or obtained by any other imprisonable offence.

Question 8

Recieving punishment?

Answer 8

Exceeds $1000 7 years
Exceeds $500 1 year
Dose not exceed $500 3 months

Question 9

What is guilty knowledge?

Answer 9

evidence given by the actual thief that the property is stolen

Circumstantial evidence

Question 10

What is the doctrine of recent possesion?

Answer 10

If a person is found in possession of property that has recently been stolen,
the possessor is either the
thief or a dishonest receiver.

‘recent’
possession: 3 months after theft

proper and usual practice to charge with both offences.