Receiving

Question 1

What are the elements of receiving?

Answer 1

s246, Crimes Act 1961:
1) Receives
2a) Any property stolen
OR
2b) Any property obtained by any other imprisonable offence
3a) Knowing at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence
OR
3b) Being reckless as to whether the property had been stolen or so obtained.

Question 2

Explain the following element of receiving:

1) Receives

Answer 2

An item is received when it is in the defendant’s possession.

Possession involves two elements, first there must be actual or potential custody or control (physical element), secondly the defendant must know that the item is in his possession and intend to exercise possession. - R v Cox

R v Cullen - there are four elements of possession for receiving:

• An awareness that the item is where it is.
• An awareness that the item has been stolen.
• Actual or potential control of the item.
• An intention to exercise control over that item

Question 3

Explain the following element of receiving:

2a) Any property stolen

Answer 3

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 - s2 Crimes Act 1961.

The property must be the stolen property, not another item for which the stolen property had been exchanged. - R v Luchinsky

Stolen means to be taken by theft.

Question 4

Explain the following element of receiving:

2b) Any property obtained by any other imprisonable offence

Answer 4

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 - s2 Crimes Act 1961.

The property must be the stolen property, not another item for which the stolen property had been exchanged. - R v Luchinsky

Property obtained by an impriosnable offence would include obtaining by deception etc.

Question 5

Explain the following element of receiving:

3a) Knowing at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence

Answer 5

Knowing means knowing or correctly believing. A defedant cannot know something if they are wrong. - Simester and Brookbanks

The guilty knowledge that the thing was stolen or dishonestly obtained must exist at the time of receiving. - R v Kennedy

Question 6

Explain the following element of receiving:

3b) Being reckless as to whether the property had been stolen or so obtained.

Answer 6

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it includes proof that the consequence complained of could well happen together with an intention to continue the course of action regardless of risk. - R v Harney

Question 7

Explain the relevance of title to receiving

Answer 7

If the principal offender obtains title and passes it on prior to it being voided then the receiver is not liable.

Question 8

Give examples of circumstantial evidence of guilty knowledge.

Answer 8

• Possession of recently stolen property
• Nature of the property (e.g. type, quantity)
• Gross undervalue
• Secrecy in receiving
• Receipt at an unusual time
• Receipt at an unusual place
• Receipt in an unusual way
• Concealment of property
• Removal of identifying marks or features
• Steps taken to disguise property
• Lack of original packaging
• Type of person goods received from
• Mode of payment
• Absence of receipt where one would usually be issued.
• False statements as to the source of the goods.
• False statements as to the date of acquisition.
• Nature or absence of explanation

Question 9

Explain the doctrine of recent possession

Answer 9

A presumption that where a person is in possession of recently stolen goods they are either the thief or the receiver.