Receiving Flashcards
Receiving
Section 246 (1) Crimes Act 1961
Penalty
3 months/1 year/7 years
Elements
- Receives
- Any property
- Stolen or obtained by any other imprisonable offence
- 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
Receiving
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) CA 1961
R v Cox
Possession involves two elements.
1) physical element: is actual or potential physical custody or control.
2) mental element: is a combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
Cullen v R
There are four elements of possession for receiving:
1) Awareness that the item is where it is
2) Awareness that the item has been stolen
3) Actual or potential control of the item
4) An intention to exercise that control over the item
Actual possession
Means that the person actually has the thing in question in their custody or control.
Potential possession
Potential possession arises when the person has the potential to have the thing in question in their control
Property
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt and any thing in action and any other right or interest
Section 2, Crimes Act 1961
R v Lucinsky
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.
Stolen
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) CA 1961
Obtains
To obtain or retain for themselves or another person.
Section 217 Crimes Act 1961
An imprisonable offence
In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
Simester & Brookbanks
Knowing means “knowing or correctly believing … the defendant may believe something wrongly but cannot know something that is false”
R v Kennedy
A guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving
