Receiving Flashcards
What is Guilty Knowledge?
Guilty knowledge on the part of the receiver is an essential element for the offence of receiving.
At the time of receiving OR
Being reckless as to how the property was obtained
How can Guilty knowledge can be proven?
Direct evidence
Offender admits guilt.
Circumstantial evidence
D = Denies possession (that’s not mine)
U = Under value price (grossly)
C = Conceals property (under floor, roof)
C = Conduct in relation to sale (sold in toilets)
A = Amount and nature (100s of DVDs)
What is the Doctrine of Recent Possession?
If a person is found in possession of property that has recently been stolen.
This is sufficient enough evidence to justify a finding that the possessor is either the thief or a dishonest receiver.
When is a Receiving Charge not possible?
Property dishonestly obtained is effectively under the control of the owner (or police who have found and recovered it) a third party who takes the property cannot be charged with Receiving. (R v Donnelly)
Receiving can only occur when?
The person receiving has knowledge the property is stolen.
Can a 10 year old be charged with receiving?
No, they are not criminally liability at that age.
What is Actual Possession?
Physical possession of the property
What is Constructive Possession?
Offender has control over the property but it is not in his actual possession
To be guilty of receiver it must the property be?
Property received must be part of or all of original.
Imagine every item gets and invisible x. Remember to follow the invisible x. To be a receiver you must receive a part with an x.
Examples would be: A TV or $100 note would be all of / 2 x $50 and getting one is part of / A $100 stolen then taken to bank and changed for 2 x $50 would be nothing.
