Receiving Flashcards
What are the different types of possession?
actual possession - physical possession of the property
Constructive possession - has control over the property but not in his actual possession.
What are the ingredients for receiving?
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 has been stolen or so obtained.
Guilty knowledge that the property is stolen by the receiver can be proven by?
DUCCA
- Denies possession of the property
- Undervalue of the property bought
- Conceals the property so it cannot be found
- Conduct of the receiver is suspicious
- Amount of property is suspicious for them to have.
Explain the doctrine if recent possession
If a person is found in possession of property that has recently been stolen, this is sufficient evidence to justify that the possessor is either the thief or a dishonest receiver.
Define the receiving ingredient:
Receives
Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in it’s concealment or disposal.
Define the receiving ingredient:
Any property stolen
OR
Any property obtained by any other imprisonable offence
Anything whatsoever whether tangible or intangible that is the property of any person, has value and has been stolen.
Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft.
Define the receiving ingredient:
Knowing that property to have been stolen or so obtained
OR
Being reckless as to whether the property had been stolen or so obtained
Knowledge at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.
Receives the property, despite there being circumstances that indicate the property might be stolen or obtained by any other imprisonable offence.
