Receiving

Question 1

R v Kennedy

Answer 1

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

Question 2

R v Lucinsky

Answer 2

The property received must be the property stolen or illegally obtained (or part thereof) and not some other item for which the illegally obtained property had been exchanged or which are the proceeds.

Question 3

R v Harney

Answer 3

Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk

Question 4

R v Donnelly

Answer 4

Where stolen property has been physically recovered by police, it is legally impossible to commit the crime of receiving or attempted. It must be legally possible to receive the property

Question 5

Warner v Metropolitan police commissioner

Answer 5

the term possession must be given a sensible and reasonable meaning in the context, ideally a possessor of a thing has;

• Complete physical control over it;
• Knowledge of its existence, its situation and its qualities.

Question 6

R v Kennedy

Answer 6

The prosecution must prove an intention on the part of the receiver to possess the property.

Question 7

Give 5 examples of guilty knowledge

Answer 7

possession of recent stolen property
nature of the property
under valued items
secrecy in receiving 
the unusual place
Unusual time
Unusual way
consealment

Question 8

Meaning of Title for possession

Answer 8

Claim of right to the ownership of property

Question 9

Meaning of Voidable Title

Answer 9

The title can be avoided by the seller(complainant)