Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Association > Receiving > Flashcards

Receiving Flashcards

1
Q

Two main categories for receivers

A
  • Opportunists looking for a bargain
  • Professionals receiving stolen goods and organise crime as a business
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Receiving Legislation
S246

A

Everyone is guilty of receiving who received any property stolen or obtained by any other imprisonable offence, knowing that property to have been stolen or so obtained or being reckless as to whether or not the property was stolen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

When is receiving complete?
s236(3)

A

Receiving stolen property of obtaining it by any imprisonable offence is complete as soon as the offender has exclusively or jointly with the thief or any other person possession of, control over or helps in disposing or concealing the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Punishment for receiving
s247

A

$1000+ - 7 years
$501 - $1000 - 1 year
$500 or under - 3 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Elements of receiving

A
  • act of receiving
  • any stolen property OR Obtained by any other imprisonable offence
  • knowing that at the time of receiving the property that is had been stolen or obtained by any other imprisonable offence OR being reckless as to whether or not the property had been stolen or so obtained
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Act of receiving
Requires 3 elements

A

1) There must be property that has been stolen or obtained by an imprisonable offence
2) Defendant must have ‘received’ that property which requires the receiving must be from another
3) Defendant must receive that property knowing it was stolen or illegally obtained or being reckless to that possibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What happens when there is guilty knowledge at the time of the act?

A

Offence of receiving is complete

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

R v COX
Possession

A

Possession involves two elements. Physical element is the actual or potential physical custody or control.

The second, the mental element is a combination of knowledge and intention. Knowledge in the sense of awareness by the accused that the substance is in his possession and an intention to exercise possession.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is actual and potential control

A

Actual - In a persons physical custody or control
Potential - potential to have it under their control. Eg. storing something at an associates house

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

R v CULLEN

A
  • awareness that the item is where it is
  • awareness that the item is stolen
  • actual or potential control of the item
  • intention to exercise that control over the item
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does R v CULLEN test for?

A

Test in relation to possession for receivers of stolen property, the focus would be on the knowledge.

A person who does not know the existence of an item can not have possession of it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What does the prosecution need to prove for control over property

A

Prosecution must prove the receiver arranged the stolen property to be delivered there or intentionally exercised control over it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What must be proved when assisting in disposal or concealment of stolen property

A

Actual assistance and guilty knowledge

eg. assisting in the sale of stolen property having not physically dealt with or possess the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

R v DONNELLY

Offence must be legally possible

A

Where stole 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Does there need to be an element of proving dishonesty?

A

Yes, there is an implied requirement to do so. EG. A person who receives stolen property with the intention to return to owner or the Police commits no offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Define property

A

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.

Includes tangible and intangible property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Does the condition of the stolen product matter when it’s received?

A

No, if it’s a different condition to when it’s first stolen or part of a item that was stolen it is still receiving

eg. If a thief steals $100 in $20 notes and exchanges them for various denominations then completes an exchange with a receiver, it is not a crime as it was not the original property that was stolen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

R V LUCINSKY

Property stolen

A

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 proceed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Define obtain

A

Ordinary meaning - acquired or got, achieving physical control over goods

20
Q

Define theft

A

For tangible property theft is committed by taking when the offender moves or causes the property to be moved

21
Q

What is essential to prove receiving charge

A

That the property is stolen or was obtained by any other imprisonable offence. Proof may be direct or circumstantial

22
Q

What can a conviction prove in relation to the property stolen or obtain unlawfully

A

Proves that the property is stolen or obtained unlawfully

23
Q

Define title

A

A legal right or claim to the ownership of property

24
Q

Title of stolen property vs property obtained by deception

A

Property obtained by deception then offender gains possession and title but there are limitations, where if an item is stolen without the consent of the owner the title does not change

25
Q

Voidable title

A

Is when title is obtained by deception and that the title can be voided. If the title is not voided and the offender transfers good title to another person purchasing on good faith then this party has good title

26
Q

How to avoid title?

A
  • Communicating directly with the deceiver
  • Taking all reasonable and possible steps to bring it to the deceivers notice, eg sending email or letter
  • Advising Police of the circumstances of the deception
27
Q

Effect of 246(4)
Receiving

A

Property is no longer stolen and can’t be received if the property is back to it’s owner or when title has been acquired by any person.

If title has not been voided, a receiver can not be convicted of receiving.

27
Q

Effect of 246(4)
Receiving

A

Property is no longer stolen and can’t be received if the property is back to it’s owner or when title has been acquired by any person.

If title has not been voided, a receiver can not be convicted of receiving.

If title has voided then the deceiver will have possession only

28
Q

What does Simester and Brookbanks say about ‘knowing’

A

the defendant may believe something wrongly but can’t know something that is false

29
Q

R v KENNEDY

A

The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving

30
Q

Can a person who received something innocently and retains the property be committed of an offence?

A

No - even after knowing it’s stolen etc. Although the retention of property may amount to theft by dishonesty dealing with property

31
Q

What is acting recklessly

A

Consciously and deliberately taking an unjustified risk.

Must be proved that the defendant not only knew of the risk and proceeded regardless (subjective) but that is was unreasonable for him to do so (objective)

32
Q

R v CAMERON

A

Recklessness is established if:
a) the defendant recognised that there was a real possibility that:
i) his or her actions would bring about the proscribed results
ii) that the proscribed circumstances exists

b) having regard to that risk those actions were unreasonable

33
Q

What is an example of social utility

A

No social utility - russian roulette or personal violence with risk of serious injury or death

High social utility - surgeon undertaking a risky but potentially life having surgery

34
Q

Circumstantial evidence of knowledge

A

The circumstances in which property was received can be sufficient to prove it was stolen or inference GK. However the following can help with it circumstantially:

  • Purchase at a gross undervalue
  • Nature of the property
  • Removal of identifying marks or features
  • Mode of payment
  • Receipt of goods at an unusual time, place and way
35
Q

Is it possible for the original thief to give evidence against a receiver?

A

Yes - but the thief is to be tried separately or the proceedings against the receiver has been concluded

36
Q

Can propensity evidence be used in receiving?

A

Yes

37
Q

Doctrine of recent possession

A

Allows for proof of theft or receiving by way of circumstantial evidence. In the circumstances where a person is found in possession of stolen property reasonable soon after the theft, an inference may be drawn that the person stolen the property or received it

Must be proof that property has been stolen or obtained by another crime

No application on the concealing or disposing of property

38
Q

Police acting as an agent, what does that mean? Give examples

A

Means that police have an implied authority to recover and restore property where a complaint is lodged.

EG. recover of stolen vehicle by Police means it is no longer stolen
EG. once stolen property has been recovered by Police it is legally impossible to commit the offence of receiving
EG. police surveillance - Not in control of the police will mean it’s not in their possession, therefore in surveillance operations it’s best to delay seizure till suspect uplifts the property

39
Q

Proceedings against parties to offences, accessories and receivers
S137 - Criminal procedure act 2011

A

1)To every person who is charged
a) as a party to an offence
b) accessory after the fact to an offence
c) receiving knowing it to be stolen or dishonestly obtained

2) Every one in section 1 can be proceeded against and convicted for the offence whether or not the principal offender or any party of the offence is proceeded against or convicted.

40
Q

Can a person be charged from receiving from persons unknown?

A

Yes, as long as all elements are met

41
Q

What to charge for receivers in stolen to order?

A

They can be charged to parties to 66(1) for the principal offence rather than a receiver under 246

42
Q

Receiving property overseas, is this an offence?

A

Yes if the receiving takes place in NZ

43
Q

Can a thief be party to receiving?

A

Yes, a thief delivers goods to a receiver who knows the property has been dishonesty obtained can be parties to the receiving 66(1)

44
Q

How is penalty set for receiving and what if the value is unknown?

A

Depends on the value, if the value is unknown then it would be s247c (does not exceed $500 so 3 months imprisonment)

Association (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions