Receiving

Question 1

Receiving
Section, penalty, elements

Answer 1

Receiving
Section 246(1) Crimes Act 1961
7 Years Imp (Exceeds $1000)
1 Year Imp ($500 - $1000)
3 Months Imp (Under $500)

Receives

Any property stolen or obtained by any other imprisonable offence

Knowing the property to be stolen or so obtained
or
Being reckless whether or not the property had been stolen or so obtained

Question 2

Legislation

When is receiving complete?

Answer 2

S246(3) CA61

As soon as the offender has,

either exclusively or jointly with the thief (or any other person)

possession of, or control over, the property

or helps in concealing or disposing of the property

Question 3

R v Cox

Answer 3

R v Cox

Possession involves two elements.

1. the physical element
   * actual or potential physical custody or control.
2. the mental element

• knowledge - awareness of the accused that the substance is in his possession.
• intention - to exercise possession.

Question 4

Cullen v R

Answer 4

Cullen v R

There are four elements of possession for receiving:

(a) awareness that the item is where it is;
(b) awareness that the item has been stolen;
(c) actual or potential control of the item; and
(d) an intention to exercise that control over the item.

Question 5

Assisting in Disposal or Concealment of Stolen Property

Must prove:

Example

Of note only

Answer 5

Assisting in Disposal or Concealment of Stolen Property must prove:

Actual assistance

Guilty knowledge

The doctrine of recent possession has no application in such circumstances.

Example:
Assisting in the sale of stolen property although the person has not physically dealt with or possessed the property.

Question 6

Definition of Property

Answer 6

Section 2 Crimes Act 1961

Property includes real and personal property,

and any estate or interest in any real and personal property,

money, electricity, and any debt, and anything in action,

and any other right or interest.

Question 7

R v Lucinsky

Answer 7

R v Lucinsky

The property received must be the property stolen or illegally obtained (or part thereof), and not some other item for which the illegally obtained property had been exchanged or which are the proceeds.

Question 8

R v Donnelly

Answer 8

R v Donnelly

Where stolen property has been returned to the owner or

legal title to any such property has been acquired by any person,

it is not an offence to subsequently receive it,

even though the receiver may know that the property had previously been stolen or dishonestly obtained.

(Physically possible, legally impossible)