Receiving Flashcards
Receiving
(Liability)
Section 246 Crimes Act 1961
- 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 or not the property had been stolen or obtained by any other imprisonable offence
Act of receiving
There are three elements that must be proved to satisfy the act of receiving:
- There must be property which has been stolen or obtained by any other imprisonable offence.
- The defendant must have received that property which requires that it is received from another person.
- The defendant must have received that property in the knowledge that it had been stolen or obtained by any other impressible offence or be reckless as to that possibility.
Property
Property includes any Real and personal property and any estate or interest in any real or personal property.
R v Cox
Possession
Position involves two elements. The first the physical element is actual or potential physical custody orcontrol..
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 his position and an intention to exercise possession.
R v Cullen
There are four elements of possession in receiving:
(Possession) WACS
- Awareness of 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.
Stolen
Theft is committed by taking when the offender moves the property or causes it to be moved.
Obtained
To obtain or retain for themselves or any other person
Simester and Brookbanks
(Knowing)
Knowing is knowing or believing correctly. The defendant can believe something wrongly but cannot know something that is false.
R v Kennedy
(Knowing)
The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of the receiving.
R v Cameron
(Recklessness)
Recklessness is established is, the defendant recognised that there was a real possibility that;
His or her actions would bring about the prescribed result; and/or
The prescribed circumstances existed ; and
Having regard to that risk, those actions were unreasonable.
When is the act of receiving complete
If there is guilty knowledge at the point of the act of receiving is complete then the offence of receiving has been committed.
Examples of circumstantial evidence of guilty knowledge (Know eight)
- 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
What are the rules in relation to the receiver’s agent or servant having possession of the property?
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.
What is the doctrine of recent possession
- 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
What was held in R v Donnelly in relation to being legally possible?
Where stolen property has been returned to the owner or legal title 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.
What must be proved in relation to control over property at a place?
- 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.
