Receiving

Question 1

Definition

Receiving

Answer 1

S246(1) CA 1961
Receives any property that has been stolen or obtained any any other imprisonable offence, knowing that propety have been stolen or so obtained, or being reckless as to whether it was stolen or so obtained

Question 2

Punishement

Answer 2

Over $1000 - 7 years
More than $500 but less than $1000 - 1 year
$500 or less - 3 months

Question 3

Proof required for receiving

Answer 3

same as ingredients

Question 4

When is receiving complete?

Answer 4

S246(3) CA 1961
As soon as the receiver has possession of the stolen goods whether that it is sole or joint possession with the thief or any other person or assists in the concealment of the stolen property.

Question 5

Cullen v R

Answer 5

There are four 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 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 has been exchanged or which are the proceeds

Question 7

Concept of title

Answer 7

a right or claim to ownership of property, the legal right to possession of that thing

Question 8

Voidable title

Answer 8

When property is obtained by deception the person possessing it has a voidable title which means the the title can be avoided by the complainant.

Question 9

How do you avoid title

Answer 9

• communicate with the deceiver
• taking all reasonable steps to bring it to the deceivers attention
• advising police of the circumstances of the deception

Question 10

Knowing

Simester and Brookbanks

Answer 10

knowing means knowing or correctly believing, the belief must be a correct one, where the belief is wrong a person cannot know something

Question 11

R v Kennedy

Answer 11

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

Question 12

R v Harney

Answer 12

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

Question 13

Circumstancial evidence related to guilty knowledge of a receiver

Answer 13

• possession of recently stolen property
• nature of the property
• purchased at gross under value
• secrecy in receing property
• receiving goods at an unusual place
• receiving goods at an unusual time
• receiving goods in a unusual way
• concealment of property to avoid discovery
• removal of identification numbers
• steps taken to disguise property
• lack of original packaging
• type of person goods received from
• mode of payment
• absence of receipt where receipt would usually be issued
• false statement as to source of goods
• false statement as to date of obtaining goods
• nature of explanation given
• false denial of knowledge

Question 14

Doctrine of recent possession

Answer 14

Applies to persons found in possession of recently stolen property and is used where there is no evidence to show theft or receiving but it can be proven that the stolen items are in their possession and are the items recently stolen.