Receiving

Question 1

Receiving
Section 
Act 
Penalty 
Ingredients

Answer 1

Section: 246(1)
Act: Crimes Act 1961
Penalty: 7 years/ 1 Year/ 3 months

Ingredients

1. Receives
2. Any property
3. Stolen OR Obtained by any other imprisonable offence
4. Knowing that property to have been stolen or obtained by any imprisonable offence OR Being reckless as to whether that property had been stolen or so obtained

Question 2

Ingredients - definitions and caselaw

Receives

Answer 2

1. Receiving
2. Possession may be…..
3. Actual possession OR Constructive possession
4. Warner V Metropolitan Police Commissioner (Actual only) OR Sullivan V Earl of Caithness (Constructive only)
5. R V Donnelly

Question 3

Ingredients - definitions and caselaw 
Any property (receiving)

Answer 3

1. Property

2. R V Lucinsky

Question 4

Ingredients - definitions and caselaw

Stolen OR Obtained by any other imprisonable offence

Answer 4

1. Stolen

OR

1. Obtains
2. An imprisonable offence

Question 5

Ingredients - definitions and caselaw
Knowing that property to have been stolen or obtained by any imprisonable offence OR Being reckless as to whether that property had been stolen or so obtained

Answer 5

1. Knowledge
2. R V Kennedy
3. Property

OR

1. Reckless
2. R V Harney
3. Property

Question 6

Value

Answer 6

Value of property

The property value is essential to the sentence as per section 247, Crimes Act 1961

Question 7

R V Harney

Answer 7

(Recklessness involves)…. foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

Question 8

Warner V Metropolitan Police Commissioner

Answer 8

Ideal Possession (Actual)
The term “possession”must be given a sensible and reasonable meaning in it’s context. Ideally, a possessor of a thing has:
- Complete physical control over it
- Knowledge of it’s existence, it’s situation and it’s qualities

Question 9

Sullivan V Earl of Caithness

Answer 9

Constructive
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

Question 10

R V Donelly

Answer 10

Where stolen property has been physically recovered by the police, it is legally impossible to commit the crimes of receiving or attempted. It must be legally possible to receive the property

Question 11

R V Lucinsky

Answer 11

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 12

R V Kennedy

Answer 12

A guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving

Question 13

Constructive possession

Answer 13

Possession may be actual or constructive

Constructive possession arises when something is not in a persons physical custody but they have ready access to it or can exercise control over it

Question 14

Actual possession

Answer 14

Possession may be actual or constructive

Actual possession arises where the thing in question is in a persons physical custody, it is on or about their person, or immediately at hand

Question 15

Obtain

Answer 15

means obtain or retain for himself or herself or any other person
Section 217, Crimes Act 1961

Question 16

Reckless

Answer 16

Acting “recklessly” involve consciously and deliberately taking an unjustifiable risk

Question 17

Property

Answer 17

Includes any real or personal property and any estate or interest in any real or personal property, money, electricity or any debt or any thing in action or any other right or interest
Section 2, Crimes Act 1961

Question 18

Receiving

Answer 18

Receiving 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(3), Crimes Act 1961

Question 19

Knowing

Answer 19

Knowing means knowing or correctly believing
Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false

Question 20

An imprisonable offence (burglary/receiving)

Answer 20

Normal meaning - any offence punishable by a term of imprisonment

Question 21

Stolen

Answer 21

Dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property
Section 219(1) Crimes Act 1961