Receiving

Question 1

Elements of Receiving
Crimes Act 1961, Section 246(1) & 247(a) or 247(b) or 247(c)

Answer 1

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 had been stolen or so obtained

接收
任何财产被盗 或 因其他可判处监禁的罪行而取得的财产

明知财物是被偷的或者是以这种方式取得的。 或 不顾财产是否被盗或由此获得的

Question 2

Receives

Answer 2

（Either exclusively or jointly) with the (thief or any other person) has (possession or control over anything unlawfully obtained) or (helps) in its (concealment or disposal.)
(单独地或共同地)与(小偷或任何其他人)(拥有或控制非法获得的任何物品)或(帮助)(隐藏或处置)该物品

Question 2

Receives

Answer 2

（Either exclusively or jointly） with the (thief or any other person) has (possession or control over anything unlawfully obtained) or (helps) in its (concealment or disposal.)
(单独地或共同地)与(小偷或任何其他人)(拥有或控制非法获得的任何物品)或(帮助)(隐藏或处置)该物品

Question 3

Any property stolen

Answer 3

(Anything whatsoever),
whether tangible or intangible, that is the
(property of any person, has value and has been stolen).

Question 4

Any property obtained by any other imprisonable offence

Answer 4

(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).

Question 5

Knowing that property to have been stolen or so obtained.

Answer 5

（Believing at the time of receiving） that the property had been （stolen） or （obtained）
by any other imprisonable offence.

Question 6

Being reckless as to whether the property had been stolen or so obtained.

Answer 6

(Receives the property), despite the person (consciously taking) an
(unreasonable risk） that the property might be (stolen) or (obtained) by any other imprisonable offence.

Question 7

Penalty of Receiving

Answer 7

< $500 max. 3 months

$500 - $1000 max. 1 year

> $1000 max. 7 years

Question 8

The Doctrine of Recent Possession
近期占有原则

Answer 8

1. 如果发现某人拥有最近被盗的财产，这就有足够的证据证明，该财产的所有人要么是小偷，要么是不诚实的收受人。
2. 法院接受占有作为间接证据，证明该人要么是偷了财产，要么是从小偷那里得到财产。
3. 该法律规定，被认定占有财产的人有责任解释占有财产的原因，否则将被指控盗窃或收受财物。
4. 不需要查明原犯。还需要考虑年龄/精神状况。

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

The possession is accepted by the courts as circumstantial evidence that the person either stole the property or received it from the thief.

It puts the onus on the person found in possession of the property to provide an explanation for having it, or be charged with theft or receiving.

It is not necessary for the original offender to be found. Also need to consider age/mental condition.