Receiving

Question 1

Section and Penalty

Answer 1

Section 246 Crimes Act 961

Property exceeds $1000 - 7 years imp
Property exceeds $500 - 1 year imp
Property below $500 - 3 months imp

Question 2

Receiving

Answer 2

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.

Question 3

The act of receiving - three elements

Answer 3

There must be property which has been stolen or has been obtained by an imprisonable offence

The accused must have ‘received’ that property, which requires the receiving must be from another person

The accused must receive that property knowing that it has been stolen or illegally obtained, or being reckless as to the possibility

Question 4

R v Cox

Answer 4

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

Question 5

Cullen v R

Answer 5

There are four elements of possession for receiving:
Awareness that the item is where it is
Awareness that the item has been stolen
Actual or potential control of the item
An intention to exercise control over the item

Question 6

R v Lucinsky

Answer 6

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 6

Property

Answer 6

S2 CA61

Property includes real and personal property and any estate or interest in any real and personal property, money, electricity, and any debt, anything in action and any other right or interest.

Question 7

Three ways to void title

Answer 7

Communicating directly with the receiver
Taking all reasonable and possible steps to bring it to the deceiver’s notice - sending a letter or email
Reporting the circumstances of deception to police

Question 8

R v Harney

Answer 8

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

Question 9

Circumstantial evidence examples

Answer 9

Possession of recently stolen property
Purchase at gross undervalue
Secrecy in receiving 
Receipt of goods in an unusual place, time or way
Removal of identifying marks or features
Nature of the property

Question 10

Doctrine of recent possession

Answer 10

Where a person is found in possession of stolen property reasonably soon after the theft, an inference may be drawn that the person in possession either stole the property or received it from the theft

Question 11

R v Donnelly

Answer 11

Where stolen property has been physically recovered by the Police, it is legally impossible to commit the crimes of receiving or attempted receiving in respect of it, although there may be evidence of conspiring to receive property dishonestly obtained.

Question 12

When the act is complete

Answer 12

246(3) CA61

When the accused has exclusively or jointly with the thief or any other person possession of or control over or helps in concealing or disposing of the property