Receiving Flashcards
Ingredients of Receiving
Sec.246(1) C.A.61
.1 Every one
.2 Receives
.3 Any property
.4 Stolen or obtained by any other imprisonable offence
.5 Knowing that property to have been stolen or so obtained; or
Being reckless as to whether or not the property has been stolen or so obtained.
Penalty for receiving.
Sec.247 C.A.61
247(a) over $1,000……………….7 years.
247(b) $500-$1,000……………..1 year.
247(c) under $500……………….3 months.
What are the three elements of receiving?
- There must be property which has been stolen or obtained by an imprisonable offence.
- The defendant must have “received” that property, which must be from another (can’t receive from yourself).
- The defendant must have received that property in the knowledge:
- -that it has been stolen or illegally obtained; or
- -being reckless as to that possibility.
When is the act of receiving complete.
Sec.246(3)
The act of receiving any property stolen or obtained by any other imprisonable offence is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property.
R v Kennedy
The prosecution must prove an intent on the part of the receiver to possess the property.
Warner v Metropolitan Police Commissioner
Ideally a possessor of a thing has:
- complete physical control over it;
- knowledge of its existence, its situation & its qualities.
Explain Actual Possession.
In a person’s physical custody, on their person or immediately at hand.
Explain Constructive Possession
Not in a person’s physical custody, but they have ready access to it or can exercise control over it.
Sullivan v Earl of Caithness
Possession includes not merely those who have physical custody of firearms, but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at another location.
R v Lucinsky
The property received must be the property stolen or illegally obtained (or part thereof), & not some other item for which the illegally obtained property had been exchanged or which are the proceeds.
What is title?
A right or claim to the ownership of property.
Explain title in relation to deception & theft.
Where property is obtained by deceptive means the offender gains both possession & title, as the property is generally handed over by the owner. With theft the property is taken without consent of the owner & no transfer of title occurs.
Explain voidable title.
Title obtained by deception is referred to as ‘voidable title’. Until the title is avoided, the person committing the deception has title to the property concerned & is able to confer a good title on to anyone who subsequently acquires the property from him in good faith.
Explain the Doctrine of Recent Possession.
In circumstances where a person is found in possession of stolen property reasonable soon after the theft, an inference may be drawn that the person in possession either stole the property or received it from the thief.
R v Donnelly
Where stolen property has been physically recovered by the police, it is legally impossible to commit the crimes of receiving or attempted receiving in respect of it, although there may be evidence of conspiring to receive property dishonestly obtained.
