Receiving Flashcards
Receivers of property generally fail in to two main categories. What are they?
- opportunists taking advantage of a bargain
- professionals who receive stolen goods and organise crimes as a business operation
Receiving, Act and Section
Crimes Act 1961, Section 246
Punishment for receiving?
Value of property exceeds $1000 = 7 years imprisonment
Exceeds $500 but less than $1000 = 1 year imprisonment
Does not exceed $500 = 3 months imprisonment
Elements of receiving
- Receives
- Any property
- Stolen or obtained by any other imprisonable offence
- Knowing that at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence or
- Being reckless as to whether or not the property had been stolen or so obtained
What the three elements of the “act of receiving”?
- there must be property which has been stolen or has been obtained by an imprisonable offence
- the defendant must have received the property, which requires that the defendant got it from another person
- the defendant must receive the property int eh knowledge that it has been stolen or illegally obtained, or being reckless to that possibility
When is receiving complete?
the act of receiving any property stolen or obtained by any other imprisonable offence 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.
Case law - R v Cox
Possession involves two elements. First, the physical element, is actual or potential physical control or custody. The second, the mental elements, is a combination of knowledge and intention. Knowledge in the sens of an awareness by the accused that the substance is in his sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
Case law - 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
Case law - R v Donnelly
Where stolen property has been returned to the owner or legal title a 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.
Element - any property
Property includes real and personal property, and any estate or interest in any real and personal property, money, electricity, and any debt, and anything in action, and any other right or interest.
Case law - R v Lucinsky
The property received must be the property stolen or illegally obtained (or part of), and not some other item for which the illegally obtained property had been exchanged or which are the proceeds.
Case law - R v Kennedy
The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.
Case law - R v Harney
Recklessness means the conscious and deliberate taking 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 risk.
Element - Recklessly
acting recklessly means consciously and deliberately taking an unjustifiable risk. It must be proved that the defendant was aware of the risk and proceeded regardless and also that t was unreasonable to do so.
What are sone circumstances that are relied on to prove guilty knowledge?
- possession of recently stolen property
- nature of property
- purchase at gross undervalue
- secrecy in receiving
- receipt of goods at unusual time, place or way
- removal of ID features
- mode of payment
Can the thief give evidence against the receiver?
Yes if tried separately
Does propensity evidence have relevance in receiving charges?
Yes
Discuss doctrine of recent possession.
This applies to receiving and theft. It is the presumption that where the defendant acquired possession, the proof of possession (without a satisfactory explanation) is evidence to justify a belief that the possessor is either the thief or receiver.
Can a receiver be charged without the thief being located?
Yes
What happens in situations where property is stolen to order?
The receiver is guilty s a party to the principal offence rather than a receiver.
How do you avoid title?
- communicate directly with the deceiver
- take all reasonable steps possible to bring it to the notice of the deceiver
- advise police of the circumstances of deception
Discuss title in theft versus deeption.
In theft they gain possession only.
In deception they gain possession and a voidable title
Element - Receives
Discuss
- the act
- possession
Define stolen
dishonestly, without claim of right takes property with intent to deprive any owner permanently of that property
Define obtain
obtains or retains for himself or some other person
Element -Stolen or obtained by any other imprisonable offence
Discuss
- stolen
- obtained
- offence
Element - -Knowing that at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence or
-Being reckless as to whether or not the property had been stolen or so obtained
Discuss
- knowing
- property
- recklessness
- value of property
Define offence
any act or omission that is punishable upon conviction under any enactment and are demarcated into four categories
How can possession be established?
Possession can be established by showing property is: In the immediate physical custody of the
receiver or At a location over which the receiver has control
Title
Means a right or claim to the ownership of property
Voidable Title
Title obtained by deception = Voidable Title (This means title can be avoided by the seller)
Until title is avoided, person committing deception has title to the property concerned & is able
to confer a good title on to anyone who subsequently acquires the property from him in good faith
