Receives

Question 1

Elements of Receives

Answer 1

1. Receives
2. Any property stolen
3. Knowing that property to have been stolen or so obtained
   OR
   Being reckless as to whether the property had been stolen or so obtained

Question 2

Meaning of: receives

Answer 2

exclusive or joint with the thief or any other person, possession or control over the property, or helps in concealing or disposing of the property

Question 3

Meaning of: Any property stolen

Answer 3

Anything tangible or intangible that was stolen and had value

Question 4

Meaning of: Knowing that property to have been stolen or so obtained

Answer 4

Believing at the time of receiving

Question 5

Meaning of: Being reckless as to whether the property had been stolen or so obtained

Answer 5

Receives property while consciously taking and unreasonable risk

Question 6

Examples of reckless

Answer 6

• gross under value

- nature of the property (tags still on them, large number and seller is not a supplier, restricted items)

Question 7

Punishment is the same as theft:

Answer 7

$1000 = 7 yrs

Question 8

Guilty knowledge - proving intent

Answer 8

Direct - evidence given by the thief

Circumstantial - gross undervalue, suspicious acquisition, nature or amount, denies possession, conceals the property

Question 9

If the original thief was a CYP or mentally impaired

Answer 9

The receiver is not charged for receives but theft by uses or deals with.

Question 10

Doctrine of recent possession

Answer 10

If the offender can not give a reasonable excuse for possessing the property they may be charged with theft.