Receiving Flashcards
Section and Elements
S246 CA61
- act of receiving
- any property S/OBIO
- knowing ATT of receiving the property that it had been S/OBIO
OR
- being reckless at to whether or not the property had been S/OBIO
R v COX
Two elements regarding possession.
The first, the physical element, is actual or potential physical custody or control.
The second, the mental element, is a combination of knowledge and intention. Knowledge in a sense of awareness by the accused that the substance is in their possession; and an intention to exercise possession.
CULLEN V R
Four elements for receiving.
- Awareness that the item is where it is
- Awareness that the item has been stolen
- Actual or potential control of the item
- An intention to exercise that control over the item
R V DONNELLY
Where stolen property has been RTO 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 has previously been stolen.
R V LUCINSKY
The property received must be the property stolen (or part there of), and not some item for which the illegally obtained property had been exchanged or which are the proceeds.
R V KENNEDY
The guilty knowledge that the thing has been S/OBIO must exist ATT of receiving.
CAMERON v R
Recklessness is established if
A) the defendant recognised that there was a real possibility that:
i) their actions would bring about the proscribed result; and/or
ii) the proscribed circumstances existed; AND
B) having regard to that risk those actions were unreasonable.
Act of Receiving
There are three elements.
There must be property that has been S/OBIO.
The defendant must have received the property, which requires that it was received from another person.
The defendant must have received that property with the knowledge that it had been S/OBIO, or be reckless as to that possibility.
Property
Includes any real or personal property or any estate or interest in any real or personal property, money, electricity, debt, anything in action, or any other right or interest.
Stolen
Theft is committed by taking when the offender moves the property or causes it to be moved.
Obtained
Means to obtain for themselves or any other person.
Offence complete
The AOR is complete as soon as the offender has either, exclusively or jointly with the thief, possession or control of that property, or helps in con sealing or disposing it.
If there is guilty knowledge at the point that the AOR is complete, then the offence of receiving has been committed.
