Receiving Flashcards
Describe 2 types of receivers ?
- Opportunists taking advantage of a ‘bargain’
2. Professionals who receive stolen goods and organize crimes as a business operation
Section 246 (1)?
Every one is guilty of receiving who receives any property stolen or obtained by any other imprisonable offence , knowing that property to have been stolen or so obtained , or being reckless as to whether or not the property had been stolen or so obtained.
Section 246(2)?
For the purposes of this section, property that was obtained by any act committed outside New Zealand that, if it had been committed in New Zealand, would have constituted an imprisonable offence is, subject to subsection (5), to be regarded as having been obtained by an imprisonable offence.
Section 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.
Section 246 (4) (a) &(b)?
(4) if:
(a) any property stolen or obtained by any other imprisonable offence has been returned to the owner ,OR
(b) legal title to any such property has been acquired by any person-
a subsequent receiving of it is not an offence, even though the receiver may know that the property had previously been stolen or obtained by any other imprisonable offence
Section 246 (5)?
If a person is charged with an offence under this section and the property was obtained by an act committed outside New Zealand, it is to be presumed, unless the person charged puts the matter at issue, that the doing of the act by which the property was obtained was an offence under the law of the place where the act was done.
Section 247,(a), (b) &(c), punishment of receiving?
Every person who is guilty of receiving is liable as follows:
(a) if the value of the property received exceeds $1000, to imprisonment for a term not exceeding 7 years
(b) if the value of the property received exceeds $500 but does not exceed the sum of $1000, to imprisonment for a term not exceeding 1 year
(c) if the value of the property received does not exceed $500, to imprisonment for a term not exceeding 3 months
What are the ingredients of receiving? What 5 things are required to be proved?
- act of receiving
- any property stolen ,OR
- obtained by any other imprisonable offence
- knowing that at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence OR
- being reckless as to whether or not the property had been stolen or so obtained
The act of receiving requires the satisfaction of which 3 elements?
- there must be propert which has been stolen or has been obtained by an imprisonable offence
- the accused must have “received “ that property, which requires that the receiving must be from another (you cannot receive from yourself )
- the accused must receive that property in the knowledge that it has been stolen or illegally obtained, or being reckless as to that possibility.
R v Ma?
Usually there is no need to prove dishonesty and that the only mental element required is proof of knowledge or recklessness as to the property having previously been stolen.
There may be exceptions.
When is the act of receiving complete?
If there is guilty knowledge (as in s.246) at the point that the act of receiving is complete, then the offence of receiving has been committed.
It is not necessary that the receiver take perineal physical custody of the property in question. It is sufficient if there is sole or joint possession or control over the property or where the person aids in concealment or disposal of the same.
Possession?
Possession may be “actual” or “constructive”.
Actual possession arises where the thing in question is in a person’s physical custody, it is on or about their person, or immediately at hand.
Describe ideal possession as per Warner v Metropolitan Police Commissioner?
Ideally a possessor of a thing has complete physical control over it, he has knowledge of its existence, it’s situation, it’s qualities, he has received it from a person who intends to confer possession of it, and he has himself the intention to possess it exclusively of others.
R v Kennedy?
The prosecution must prove an intent on the part of the receiver to possess the property
When does constructive possession arise?
When something not in a person’s physical custody, but they have ready access to it or can exercise control over it.
Possession as in 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
What must the prosecution prove in relation to control over property?
Where property is located at a place, over which the receiver has control, then prosecution must prove the receiver arranged for the property to be delivered there, or alternatively, that upon discovering the property , he or she exercise control over it.
Intent to possess the property must also be satisfied.
Control over property may still be exercised by a receiver when the property is in the possession of the receiver s agent ( incl. innocent agent or party) . The exercise of such control must be intentional.
