Receiving Flashcards
Act and Section
246 Crimes Act 1961
Penalty
Over 1000 7 years
500 to 1000 1 year
Under 500 3 months
Ingredients
Act of receiving
Any property stolen, or
Obtained by any imprisonable offence
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
When is receiving complete
Offender has possession or control over property
Property defined
property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest
Warner v Metropolitan Police Commissioner
Ideally a possessor of a thing has complete physical control over it, he has knowledge of its existence, its situations and qualities, he has received it from a person who intends to confer possession of it, and he has himself the intention to possess it exclusively from others
R v Kennedy
The prosecution must prove an intent on the part of the receiver to possess the property
Sullivan v Earl of Caithness
Contract at behest of others
R v Lucinsky
The property received must be the property stolen
Promt stolen money
R v Lucinsky
The property received must be the property stolen
Promt stolen money
