OF03: Recieving Stolen Property Flashcards
What is the section for receiving stolen property?
Section 246(1) & 247(a), (b) and (c) Crimes Act 1961
What are the elements for receiving
- Receives
- Any property stolen OR Any property obtained by any other imprisionable offence
- Knowing that property to have been stolen or obtained OR being reckless to whether the property had been stolen or so obtained
What is an example of ‘obtaining by any other imprisionable offence?
An example would be obtaining by deception
What is ‘Any property stolen’?
Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen.
What does being reckless mean?
receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other impressionable offence
When is receiving complete?
As soon as the offender has possession or control over the property or helps in concealing or disposing of the property
What are 4 points on possession and control?
- awareness of where the item is
- awareness that the item has been stolen
- actual or potential control over the item
- intention to exercise that control over the item
Is a person who assists a thief by hiding stolen property for the thief guilty of receiving?
Yes
What are the rules for the ‘property’?
The property must be all or part of the ORIGINAL property dishonestly obtained.
- receiving one part of a lawnmower is receiving
- Someone steals a $10 note, exchanges it for 2 x $5 notes and gives one to a friend. This is not receiving as he hasn’t received all or part of the original property.
What does stolen mean?
Stolen is property obtained by theft. Also includes property taken in a burglary or robbery.
What is the penalty for receiving under section 247 if:
a) the value of the property received exceeds $1000
b) the value of the property received exceeds $500 but does not exceed the sum of $1000
c) the value of the property received does not exceed $500
a) 7 years
b) 1 year
c) 3 months
What are some examples of guilty knowledge?
- the receiver purchased the property at gross u_____
- there are s____ circumstances around the acquisition of the property
- the receiver c____ or denies having the property
- undervalue
- suspicious
- concealed
What does section 246(4) cover - When a receiving charge is not possible?
The stolen property cannot be used as bait i.e if property is effectively under the control of the owner or police a third party who takes it is not guilty of receiving
What is the doctrine of recent possession?
If a person is found in possession of recently stolen property, this is sufficient evidence that the possessor is wither the thief or a dishonest receiver. This possession is accepted by the courts as circumstantial evidence that the person either stole the property or received it.
This legal presumption is known as ‘the doctrine of recent possession’
It puts the onus on the person found in possession with the stolen property to provide an explanation for having it, or be charged with theft or receiving.
Some can not be legally prosecuted with theft due to age or mental condition.
You should consider charging the receiver instead under section 219(1)(b)
Example a 10 year old boy steals a watch from a shop. He goes home and tells his father that he stole it and he wishes for his dad to have it. If they boys father decides to keep it. he should be charged with theft, even though, technically he has received the watch.
