Possession of Stolen Property

Question 1

what type of crime is possession of stolen property

Answer 1

statutory crime

Question 2

what is the s36 of GLAA def on possession of stolen property

Answer 2

any person who is found in possession of any goods other than stock or produce as defined in s13 of the theft stock act,
where there’s a reasonable suspicion that they have been stolen and is unable to give a satisfactory account of such possession
shall be guilty of an offence and liable on conviction to the penalties which may be imposed on a conviction of theft

Question 3

what are the elements of possession of stolen property

Answer 3

goods as referred to in s36
a reasonable suspicion that goods have been stolen
the person is unable to give a satisfactory account of the possession

Question 4

describe the good referred to in s36 element

Answer 4

property capable of being stolen

Question 5

discuss the found in possession of a person element

Answer 5

personal and direct control at time found by police
physical possession is crucial
including holding goods as an agent for another

Question 6

discuss the reasonable suspicion that goods have been stolen element

Answer 6

finder must have reasonable suspicion that the goods have been stolen at the time they were found in suspects possession
reasonable suspicion is objective ascertainable
would a reasonable person in the policemens position, at the moment goods were found, have also suspected that the goods were stolen

Question 7

use the Prince v Min of Justice case to discuss the factors to ascertain reasonable suspicion

Answer 7

Acc to Prince v Min of Justice
the factors to ascertain reasonable suspicion are:
nature and quantity of goods
place that goods are found
whether goods are new
possesser status and financial standing
posessers reaction when goods are found in his possession

Question 8

discuss the no satisfactory explanation of possession element

Answer 8

accused must state where he obtained the goods and that his possession is innocent
satisfactory account:
reasonably possible
show possesser bona fide believed that possession was innocent

Question 9

what happened in the case of Osman V Attorney General

Answer 9

in the case of Osman v The Attorney general
the accused had many tyres in his possession and were unable to give a satisfactory explanation

Question 10

what happened in the case of S v Mothwa

Answer 10

the accused was convicted of robbery with aggravating circumstances
the accused provided a reasonable explanation supported by documents for the possession of goods