Receiving

Question 1

Intent to possess property

Answer 1

R v Kennedy - The prosecution must prove an intent on the part of the receiver to possess the property.

Question 2

Knowing that property to have been stolen

Answer 2

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

Question 3

Must be property stolen or part thereof

Answer 3

R v Lucinsky - 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 4

Receiving must be legally possible

Answer 4

R v Donelly - Where the property has been physically recovered by the police it is legally impossible to commit crimes of receiving or attempted receiving in respect of it, although there may be evidence of conspiring to receive property dishonestly obtained.

Question 5

Recklessness

Answer 5

R v Harney - Recklessness involves foresight of dangerous consequences that could well occur, together with an intention to continue with the course of conduct regardless of the risk.

Question 6

Ideal Possession

Answer 6

Warner v Metropolitan Police Commissioner - Ideally the possessor of a thing has complete physical control over it. They have knowledge of its existence, situation, and qualities.