Receiving

Question 1

The act of receiving requires the satisfaction of three elements:

Answer 1

 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
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.

Question 2

When the act is complete

Answer 2

If there is guilty knowledge (as described in s246) at the point that
the act of receiving is complete, then the offence of receiving has
been committed.

Question 3

Doctrine of Recent Possession

Answer 3

The doctrine of recent possession applies to receiving as well as to
theft.
It is the presumption that, where the defendant acquired possession
willingly, the proof of possession by the defendant of property
recently stolen is, in the absence of a satisfactory explanation,
evidence to justify a belief and finding that the possessor is either the
thief or receiver, or has committed some other offence associated
with the theft of the property, eg burglary or robbery.