Receiving 2

Question 1

Taking

For tangible…

Legislation

Answer 1

Section 219(4) Crimes Act 1961

For tangible property, theft is committed by a taking

when the offender moves the property or causes it to be moved.

Question 2

Title and Voidable Title

And how to void title

Answer 2

A legal right to property.

If title is obtained by deception it is voidable title.

• Communicating directly with the deceiver
• Taking all reasonable and possible steps to bring it to the deceiver’s notice, eg sending a letter or email
• Advising police of the circumstances of the deception

Question 3

R v Kennedy

Answer 3

R v Kennedy

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

Question 4

Cameron v R

Recklessness…

Answer 4

Cameron v R

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Question 5

Circumstantial Evidence of Guilty Knowledge

Answer 5

Receipt
• receipt of goods at an unusual place
• receipt of goods at an unusual time
• receipt of good in an unusual way
• secrecy in receiving the property
• type of person goods received from

Value
• mode of payment
• purchase at a gross undervalue
• absence of receipt where receipt would usually be issued

Property
• nature of the property, ie type, value, quantity
• lack of original packaging
• removal of identifying marks or features
• steps taken to disguise property, ie removal / altering of serial numbers, painting

Defendant
• nature of explanation given, eg false or inconsistent or no reasonable explanation
• false statements as to the source of the goods
• false statements as to the date of acquisition
• false denial of knowledge, existence etc
• possession of recently stolen property
• concealment of property to avoid discovery

Question 6

Doctrine of Recent Possession

Where a person is…

Answer 6

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.

Question 7

Theft

Legislation

Answer 7

S219(1) CA61

Dishonestly and without claim of right, takes any property with intent to deprive any owner permanently of that property or of any interest in that property

Question 8

Obtain

Legislation

Answer 8

S217 CA61

To obtain or retain for himself or herself or for any other person.