Receiving Flashcards
0
Q
Explain when receiving CANNOT be committed
A
1) if property is under the control of the owner or police - a 3rd party who takes the property is NOT guilty
1
Q
In relation to receiving, Give an example of ‘guilty knowledge’
A
1) DIRECT EVIDENCE = given by thief
2) CIRCUMSTANTIAL EVIDENCE =
- suspicious circumstances around the acquisition
- nature/amount of property suspicious
- receiver denies having possession
2
Q
Explain the DOCTRINE OF RECENT POSSESSION
A
It is a legal presumption:
If person found in possession of recently stolen property, provides sufficient evidence to justify that possessor is the thief or dishonest receiver.
