Receiving

Question 1

Section 246 CA Receiving?

Answer 1

(1) every one is guilty of receiving who
receives any property stolen or so
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.

(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.

(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.

(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.

(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 presented med, 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.

Question 2

Section 247 CA, Punishment of receiving?

Answer 2

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 of 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.