Receiving

Question 1

R v Cox

Answer 1

Possession involves two elements. The first often called the physical element is actual of potential physical custody or control. The second often described as the mental element is a combination of knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 2

R v Collen

Answer 2

There are 4 elements of possession for receiving :
A) awareness that the item is where it is.
B) awareness that the item has been stolen.
C) actual or potential control of the item.
D) an intention to exercise that control over the item.

Question 3

R v lucinsky

Answer 3

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 has been exchanged or which are the proceeds.

Question 4

R v Harney

Answer 4

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained if could well happen, together with an intention to continue the course of conduct regardless of the risk.

Question 5

R v Donnelly

Answer 5

Where stolen property has been physically recovered by the police it is legally impossible to commit the crime if receiving in respect of it. Although there may be evidence of conspiring to receive property dishonestly obtained.

Question 6

What are the elements of receiving s246

Answer 6

Property stolen/dishonestly obtained from an imprisonable offence
Knowledge it is stolen/dishonestly obtained
Received the property from another

Question 7

What are the 3 ways of voiding title

Answer 7

Communicating to possessor that it is voided.
Advising police of the circumstances of the deception
Taking all reasonable steps to bring it to deceivers attention.

Question 8

Name examples of circumstantial evidence of receiving

Answer 8

giver had recently possessed stolen property.
nature of property; type/quantitiy
purchase at gross undervalue
secrecy in transaction
transaction in unusual place/time/way
concealment of property to avoid discovery
removal of identifying marks/features
steps taken to disguise property