Receiving Flashcards
Receives
Either exclusively or jointly with the thief or any other person, has possession or control over anything unlawfully obtained or helps in it’s concealment or disposal
Ingredients
Receives
Any property stolen
OR
Any property obtained by any other imprisonable offence
Knowing that property to have been stolen or so obtained
OR
Being reckless as to whether the property had been stolen or so obtained
Any property stolen
Anything whatsoever whether tangible or intangible, that is the property of any person, has value and has been stolen.
Any property obtained by any other imprisonable offence
Anything whatsoever whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft.
Knowing that property to have been stolen or so obtained
Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.
Being reckless as to whether the property had been stolen or so obtained.
Receives the property despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.
- Define: guilty knowledge
May be proved by:
- Direct evidence (from thief but unwise to use).
- Circumstantial evidence.
*Define doctrine of recent possession.
A person found in possession of property recently stolen, there is sufficient evidence to charge with theft or receiving if they cannot provide a reasonable explanation.