Receiving Flashcards
Receives Liability
S246(1) CA 61
-act of receiving
- any property stolen, or
- obtained by any other imprisonable offence
- knowing 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 the property had been stolen or so obtained
S246(3)
Act of receiving is complete as soon as offender has, exclusively or jointly, possession of or control over the property or helps in concealing/disposing the property
R v Cox
Possession involves two elements
Physical - actual physical custody or control
Mental - knowledge an awareness thatvthe substance is in his possession and an intention to exercise that possession
Cullen v R
For elements of possession for receiving
- awareness the item is where it is
- awareness the item has been stolen
- actual or potential control of item
- intention to exercise control over the item
Stolen property located at an address
Where property located at a place over which the receiver has control, must prove the receiver arranged for it to be delivered there, or alternatively, he intended to exercise control over it
R v Donnelly
Where stolen property has been returned to the owner or legal title passed, it is not an offence to subsequently receive It, even if the person knew it had previously been stolen or dishonestly obtained
R v Lucinsky
The property received must be the property stolen or illegally obtained, and not some other item for which it had been exchanged or which are the proceeds
R v Kennedy
The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of the receiving
Cameron v R
Recklessness is established if
- the defendant recognized the real possibility that
- his actions would bring a proscribed result , and/or
- the proscribed circumstances existed and
- having regard to the risk those actions were unreasonable
