Receiving

Question 1

What is Possession and control summaries by?

Answer 1

• awareness of where the item is
• awareness that the item has been stolen
• actual (physical) or potential control

Question 2

Must it be obtained or stolen by any other crime

Question 3

Is it enough that the receiver believes the property is obtained by an impressionable offence?

Answer 3

Yes

Question 4

What are the essential parts of receiving that it is proved by? (DUCCA)

Answer 4

1/ direct evidence: evidence given by the actual thief
2/ circumstantial evidence
- Denies possession,
- Undervalued
- Conceals (hiding it)
- Conduct in relation to the property (are they acting suspiciously, i.e late at night)
- Amount and nature of property? (i.e do they have lots of new iPhones they want to sell off?

Question 5

What are the penalties for receiving? Are they the same as theft?

Answer 5

Yes

Question 6

if a person is found in possession of property that has been recently stolen, this is sufficient evidence to justify a finding that the possessor is either the thief or a dishonest receiver

Answer 6

This puts the onus of the person found in possession of the property to provide an explanation for having it