Receiving Flashcards
The act of receiving requires the satisfaction of three elements.
- Property which has been stolen or has been obtained by an imprisonable offence.
- The defendant must have received that property from another.
- The defendant must receive that property in the knowledge that it has been stoen or illegally obtain or being reckless as to that possibility.
Section 246(3), Crimes Act 1961 - When is receiving complete
The act of receivning any property stolen is complete as soon as the offender has
- either exclusively or jointly with the theif have possession or control over the property of
- helps in concealing or disposing of the property
Conscept of title (S/A)
Where property it obtained by deceptive means the offender gains both possession and title. However, the type of title gained by the offender has limitation and referred to as voidable title.
Title is passed to the offedner as the property is generally handed over to the offender by the owner under deception. Whereas with theft the property is taken without the consent of the owner and no transfer of titile occurs.
What is voiable title (S/A)
Title obtain by deception is referred to as ‘voidable title’. This means that the title can be avoided by the seller (complainant). Until the title is avoided, the person committing the deception has title to the property concerned and is able to confer a good title on to anyone who subsequently acquires the property from him in good faith. Where an inncocent party buys property that has been obtained by deception and before the title has been avoided. Where the title is avoided prior to the purchase by the innocent party, the do no acquire title to the goods.
In order to avoild title on of the following must be complete (S/A)
- Communicating directly with the deceiver
- Taking all reasonable and possible steps to bring it to thhe deceivers notice e.g. sending a letter or email
- advising Police of the circumstances of the deception
The circumstances commonly relied on as evidence of guilty knowledge on the part of a receiver can often be demonstrated circumstantially.
- Possession of recently stolen property
- Nature of the property, ie type, value, quantity
- Purchase at a gross undervalue
- Secrecy in receiving the property
- Receipt of goods an an unusual place
- Receipt of goods at an unusual time
- Receipt of goods in an unusual way
- Concealment of property to avoid discovery
- Removal of identifying marks or features
- Steps taken to disguise property ie. removel or altering serial numbers
- Lack of orginical packaging
- Type of person goods received from
- Mode of payment
- Absence of receipt where receipt would usually be issued
- False statements as to the source of the goods
- False statements as to the date of acquisition
- Nature of explanation given
- False denial of knowledge or existence
Doctrine of recent possession
It is the presumtion that the possession of property recently stolen is, in the absence of a satisfactory explanation, evidence to justify a belief and find that the possessor is either the theif or receiver, or has committed some other offence associated with the theft of the property. e.g. burglar or robbery
Cullen v R
There are four elements of possession for receiving
- Awareness that the item is where it is
- Awareness that the item has been stolen
- Acutual or potential control of the item
- An intentoin to exercise that control over the item
R v Lucinsky
The property received must be the property stolen or illegally obtained and not another item which the property had been exchanged or which are the proceeds.
R v Kennedy
The guilty knowledge that the thing has been stolen or dihonestly obtained must exist at the time of receiving.
Cameron v R
Recklessness is established if:
The defendant recognised that there was a real possibility that their actions would bring about the proscribed result and that the proscribed circumstances existed
Having regard to that risk those actions were unreasonable.
R v Donnelly
Where stolen property has been returned to the owner or legal title has been acquired by any person, it is not an offence to receive it, even though the receiver may know that the property had been stolen or dihonestly obtained.
R v Cox
Possession involves two elements. The first physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and intention and an intention to exercise possession.
Defition property
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.
Defintion of obtain
Obtain or retained for himself or another.
