Receiving

Question 1

What is section 246 (1) CA61?

Answer 1

Everyone is guilty who receives any stolen property 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 had been stolen or obtained?

Question 2

What is section 246 (2) CA61?

Answer 2

If the property was obtained by an act outside of NZ that would be an imprisonable offence in NZ, the property is considered obtained by an imprisonable offence.

Question 3

What is section 246 (4) CA61?

Answer 3

Any property stolen has been returned to the owner
or legal title to any such property has been acquired by any person
Subsequent receiving of it is not an offence even if the receiver knew the property was stolen.

Question 4

What are the elements of receiving?

Answer 4

Act of receiving
Any property stolen
Knowing that at the time if receiving the property that it had been stolen or obtained by any other imprisonable offence or being reckless as to whether or not the property had been stolen or obtained.

1. Act of receiving
2. Property
3. Possesion R V Cox and R V Cullen
4. Stolen or obtained
5. Knowing R V Kennedy
6. Reckless R V Cameron
7. Offence complete

Question 5

Three elements required to satisfy act of receiving.

Answer 5

Property which has been stolen or obtained by an imprisonable offence
Defendant must received that property from another person
Defendant must received the property in the knowledge that it has been stolen or obtained or recklessly.

Question 6

When is the act of receives complete?

Answer 6

As soon as the offender has possesion part or full or control over property or helps conceals, disposing of property.
Guilty knowledge at the point that the act of receiving is complete, offence has been committed.

Question 7

Does an offender need physical custody for offence to be completed?

Answer 7

Not necessary. It is sufficient if there is joint or sole possession or control over the property or where the person aids in concealment or disposal of the same

Question 8

R V Cox Possesion

Answer 8

Possession has two elements
Physical - actual or potential physical custody or control
Mental - Knowledge and intent to exercise that control.

Question 9

R V Cullen

Answer 9

Four elements of possession for receiving:
Awareness that the item is where it is
Awareness the item is stolen
Actual or potential control of item
Intention to exercise control over item

Question 10

What must be proved for control over property in a place?

Answer 10

Must prove the receiver arranged for the property to be delivered there or that on discovery of the property, intentionally exercised control over it.

Question 11

What are the rules for the receivers agent having possession of the property?

Answer 11

Receiver may still exercise control over property even if property is with agent. Exercise of the control must be intentional.

Question 12

R V Donnelly

Answer 12

Any property stolen has been returned to the owner
or legal title to any such property has been acquired by any person
Subsequent receiving of it is not an offence even if the receiver knew the property was stolen.

Question 13

What must be proved for assisting disposal concealment of property charge?

Answer 13

Must prove both actual assistance and guilty knowledge
Receiver doesn’t need to have physically dealt with property
Acting as intermediary in the sale of property is sufficient as long as it can be shown the defendant acquired the property

Question 14

Define property?

Answer 14

Includes real and personal property

Question 15

R V Lucinsky

Answer 15

Property received must be stolen or illegally obtained and had been exchanged or proceeds from the stolen property was made.

Question 16

Define taking?

Answer 16

For tangible property, theft is committed by taking when the offender moves the property or causes it to move.

Question 17

What situation is property obtained not considered dishonestly obtained?

Answer 17

Where the property is freely and voluntarily handded to an intermediary by the rightful owner before being dealt with illegally. Property is said not to be obtained by crime.

Question 18

What situation does obtain not include?

Answer 18

Situation where the goods have been lawfully acquired and then dishonestly converted to the thiefs own use

Question 19

What are the rules in relation to conviction of the thief or obtainer as evidence?

Answer 19

You are able to rely on the conviction of the thief as proof of the offence relating to stolen property. Must prove conduct of mental elements against defendant.

Question 20

How can title be voided?

Answer 20

Make a complaint to Police
Civil claim to seek a ruling form the circumstances provided

Question 21

When is the property no longer considered stolen?

Answer 21

Once property has been re-acquired by legal owner
When legal title has been obtained by another person

Question 22

R V Kennedy

Answer 22

Guilty knowledge of stolen property must exist at the time of receiving

Question 23

Define knowing?

Answer 23

Knowing or correctly believing

Question 24

What was held in Rex V Stone

Answer 24

Person who received property innocently but found out afterwards of stolen property is not liable for receives.

Question 25

Is a person liable if they do not have knowledge of the offence from which the property was stolen?

Answer 25

Yes the receiver does not require knowledge of the offence.

Question 26

Define recklessly?

Answer 26

Consciously and deliberately taking an unjustifiable risk

Question 27

R V Cameron Reckless

Answer 27

The defendant recognized a real possibility that his or her actions would bring about the prescribe result and the circumstances existed and having regard that to that risk those actions were unreasonable

Question 28

Examples of circumstantial evidence of guilty knowledge?

Answer 28

Mode of payment
Purchased at gross undervalue
Lack of original packaging
Secrecy in receiving the property

Question 29

What are the rules around the original thief giving evidence against the receiver?

Answer 29

It is possible however will only be compelled to give evidence against the receiver if its separate and the the original thief’s charge has concluded

Question 30

What is the doctorine of recent possesion?

Answer 30

Allows for proof of threat or receives by circumstantial evidence.
Only applies if the thief is found in possession recently in stolen or obtained but not to concealing or disposing property.

Question 31

What does ‘is the possession recent’ depend on?

Answer 31

Nature of the property
Surrounding circumstances

Question 32

Rules regarding receives from an unknown person?

Answer 32

Charges may be laid if receiving from an unknown person in circumstances where it is not known who committed the offence.

Question 32

What are the rules around Police acting as agents for stolen property?

Answer 32

Police are deemed to have implied authority of from the owner when a complaint is made. Police possession also equates to returning property to owner. Surveillance does not constitute possesion.

Question 33

What are the rules regarding receiving property outside of NZ?

Answer 33

It is offence in NZ if the receiving of the stolen property occurred in NZ