Receiving

Question 1

Receiving

Q) Examples of circumstantial evidence of guilty knowledge (Know eight)

Answer 1

• Possession of recently stolen property
• Nature of the property (type, value, quantity)
• Purchase at a gross undervalue
• Secrecy in receiving the property
• Receipt of goods at an unusual place, time or way
• Concealment of property to avoid discovery
• Removal of identifying marks or features
• Steps taken to disguise property (removal or alteration of serial numbers, painting)
• Lack of original packaging
• Type of person goods received from
• Mode of payment
• Absence of receipt where receipt would normally be issued
• False statements as to source of the goods or date of acquisition
• Nature of explanation given (false or inconsistent, no reasonable explanation)
• False denial of knowledge or existence

Question 2

Q) What are the elements of receiving

Answer 2

1. Act of receiving
2. Any property stolen, or, Obtained by any other imprisonable offence
3. Knowing that at the time of 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 so obtained.

Question 3

Q) What three elements are required to satisfy the act of receiving

Answer 3

• There must be property which has been stolen or has been obtained by an imprisonable offence
• The defendant must have received that property, which requires that the receiving must be from another person
• The defendant must receive that property in the knowledge that it has been stolen or illegally obtained or being reckless as to that possibility.

Question 4

Q) When is the act of receiving complete

Answer 4

• The act of receiving any property stolen or obtained by any imprisonable offence is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, control over, the property or helps in concealing or disposing of the property.
• If there is guilty knowledge at the point that the act of receiving is complete, then the offence of receiving has been committed

Question 5

Q) What are the rules in relation to the receiver’s agent or servant having possession of the property?

Answer 5

• Control of property may still be exercised by a receiver when the property is in possession of the receiver’s agent or servant, however the exercise of such control must be intentional.

Question 6

Q) What is the doctrine of recent possession

Answer 6

• The doctrine of recent possession allows for proof of theft or receiving by way of circumstantial evidence. Where a person is found in possession of stolen property reasonably soon after the theft, an inference may be drawn that the person in possession either stole the property or received it from the thief.
• The doctrine applies only if the thief is found in possession of property recently stolen or dishonestly obtained.
• The doctrine does not apply to concealing or disposing of property

Question 7

Q) What was held in R v Donnelly in relation to being legally possible

Answer 7

• Where stolen property has been returned to the owner or legal title t 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 had previously been stolen or dishonestly obtained.

Question 8

Q) What must be proved in relation to control over property at a place?

Answer 8

• Where property is located at a place over which the receiver has control, the prosecution must prove that the receiver arranged for the property to be delivered there or that on discovering the property, they intentionally exercised control over it. The intent to possess the property must be satisfied.

Question 9

18) What was held in R v COX in relation to possession

Answer 9

• Possession involves two elements. 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 the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 10

19) What was held in R v CULLEN in relation to possession and receiving

Answer 10

• There are four elements of possession for receiving:
  a. Awareness that the item is where it is
  b. Awareness that the item has been stolen
  c. Actual or potential control of the item; and
  d. An intention to exercise that control over the item

Question 11

20) What was held in R v Lucinsky

Answer 11

• The property received must be the property stolen or illegally obtained (or part thereof) and not some other item for which the illegally obtained property had been exchanged or which are the proceeds.

Question 12

21) What was held in R v Kennedy in relation to guilty knowledge

Answer 12

• The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving

Question 13

22) What was held in R v CAMERON in relation to recklessness

Answer 13

• Recklessness is established if the defendant recognised that there was a real possibility that his or her actions would bring about the proscribed result and/or that the proscribed circumstances existed and having regard to that risk those actions were unreasonable.