Receiving Flashcards
What case law relates to the property received?
R v Lucinsky
The property received must be the property stolen or illegally obtained, or part of it and not some other item that the illegally obtained property had been exchanged or which are the proceeds.
Can a thief be charged as a party to a receiver?
Where the thief to their knowledge is aware that the receiver knows the property has been dishonestly obtained, the thief is liable as a party to the receiving.
What happens when the property is stolen to order?
The receiver is liable as a party to the principal offence rather then being a receiver.
Where title hasn’t been avoided, can a person be convicted of receiving?
No, whether or not the person is aware that the property is stolen they cannot be charged.
Where property is located at a place which the receiver has control over, what must the prosecution prove?`
That the receiver arranged for the property to be delivered there or alternatively, that on discovering the property they intentionally exercised control over it.
What case law relates to possession?
R v Cox
Possession involves two elements. The first is the physical element which is the actual or potential custody or control. The second element is the mental element and is a combination of knowledge in the sense of awareness by the accused that the substance is in their possession and an intention to exercise possession.
When can the original thief be called as a witness?
If they are being tried separately or the case against them has been concluded.
For tangible property when is theft committed?
Theft is committed by a taking when the offender moves the property to causes it to be moved.
Is propensity evidence relevant to receiving?
Yes and is governed by s40 - 43 EA 2006
In relation to receiving what does property include?
Both tangible and intangible things.
What case law defines the 4 elements of possession of receiving?
Cullen V R
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 that control over the item
What must the prosecution prove in situations where a person assisted in the disposal or concealment of stolen or dishonestly obtained property?
The prosecution must prove both actual assistance and guilty knowledge. But it is not necessary for the prosecution to show that the defendant physically dealt with the property.
Where property is obtained outside NZ by illegal means but received in NZ, is the person a receiver
Yes, either if it was obtained by an offence punishable by imprisonment in their country or in circumstances that would constitute an imprisonable offence if obtained in NZ by those means
What is the doctrine of recent possession?
Is where a thief or receiver is in possession of stolen items without a reasonable excuse and an inference can be made that they are either the thief or receiver.
For the doctrine to apply the property must be in the persons possession.
When is a receiver liable when purchasing property obtained by deception?
Only when the title has been voided and they are knowingly receiving
What case law relates to recklessness?
R v Harney
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen together with an intention to continue the course of conduct regardless of the risk.
When is receiving 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
What mental element is required to prove receiving?
Only knowledge that the property was stolen or illegally obtained, it is not necessary to prove dishonesty.
However there may be exceptions…
What case law relates to the offence being legally possible?
R v Donnelly
Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained
What happens if a person receives stolen property from overseas?
It is an offence only if the property is received in NZ and was obtained by means which would have conctituted an offence if committed in NZ.
How can a person void a title?
- Communicate directly with the receiver
- Taking reasonable steps to bring it to the deceiver’s attention
- Advising Police of the circumstances of the deception
What is the definition of title?
A right or claim to the ownership of property.
What case law relates to knowledge of receiving?
R v Kennedy
The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.
What happens when police recover stolen property?
They have an implied authority from the owner to recover and restore property and as such Police’s possession of the property equates to a restoration of that property to the rightful owner.
Examples of circumstances that point to a receiver guilty knowledge?
- possession of recently stolen property
- purchased at gross undervalue
- secrecy in receiving property
- receipt of goods at an unusual place
- receipt of goods at an unusual time
- receipt of goods in an unusual way
- concealment of property to avoid discovery
- removal of identifying marks of features
- mode of payment
- lack of original packaging
What happens if the principal offender is not identified?
The receiver may still be charged with and convicted of receiving.
Is money obtained by drug dealing considered to be property obtained by dishonest means?
Yes, an act of dishonesty is not restricted to the crimes act.
under the doctrine of recent possession, possession is deemed to be recent based on what?
- the nature of the property
- the surrounding circumstances
Definition of property?
Property includes any real or personal property, and any estate or interesting in any real and personal property, money, electricity, and any debt, and anything in action, and any other right or interest
What is a voidable title?
Title which had been obtained by deception.
When can’t a person receive stolen property?
When the stolen property has been returned to the owner or legal title has been obtained by any other person then a subsequent receiving of that property is not an offence even if the person is aware that it was stolen.
What two main categories do receiver fall into?
- Opportunists taking advantage of a bargain
- Professionals who receive stolen goods and organise cim as a business operation
What are the three elements that need to be satisfied for the act of receiving?
- The property must have been stolen or obtained by some other imprisonable offence
- The defendant must receive that property from another person
- The defendant must have knowledge that the property has been stolen or illegally obtained, or be reckless as to that possibility
