Receiving Flashcards
When is receiving complete?
Its complete as soon as the offender has, either exclusively or jointly wth the thief, possession of or control over the property.
Outline the elements of receiving
- Receives
- Any property stolen or obtained by any imprisonable offence
- Knowing that property to be stolen or so obtained or being reckless as to the possibility it was so obtained
Define R v Lucinsky … relates receiving…
The property received must be stolen or obtained by any imprisonable offence, not some other item that was exchanged for the stolen property.
Define - “Claim of Right” and the Section
Section 2 - Crimes Act 1961
In relation to any act, means at the time of the act having a belief in a possessory or proprietary right in property in relation to which the alleged offence was committed, although this believe may be based on ignorance or mistaken of fact or any other matter of law other than the enactment against which the offence was committed.
