Receiving

Question 1

Receiving Liability

Answer 1

Section 246(1) Crimes Act 1961
Everyone who
Receives any property stolen or
Obtained by any other imprisonable offence
Knowing that property to have been stolen or so obtained, or
Being reckless as to whether or not the property had been stolen or so obtained.

Question 2

R v Harney

Answer 2

“Recklessness means the conscious and deliberate undertaking of an unjustified risk.”

Question 3

R v Donnelly

Answer 3

“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.”

Question 4

What is the doctrine of recent possession?

Answer 4

It is the presumption that, where the defendant acquired possession willingly, the proof of possession by the defendant of property recently stolen is, in the absence of a satisfactory explanation, evidence to justify a belief and finding that the possessor is either the thief or receiver, or has committed some other offence associated with the theft of the property, eg. burglary or robbery.

Question 5

R v Cox

Answer 5

“Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention.”

Question 6

Cullen v R

Answer 6

“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; and
4. an intention to exercise that control over the item.”

Question 7

Explain how possession of property can be established in a charge of receiving.

Answer 7

Possession can be established by showing that the property is:

• in the immediate physical custody of the receiver, or
• at a location, over which the receiver has control (such as their place of business or private residence).

Question 8

What is the doctrine of recent possession?

Answer 8

It is the presumption that the possession of property recently stolen is, in the absence of a satisfactory explanation, evidence to justify a belief and find that the possessor is either the thief or receiver, or has committed some other offence associated with the theft of the property, eg. burglary or robbery.

Question 9

When is the act of receiving complete?

Answer 9

If there is guilty knowledge at the point that the act of receiving is complete, then the offence of receiving has been committed.

The act of receiving is complete once the Defendant has;

• either exclusively or jointly with the thief or any other person possession or control, or
• has assisted in the concealment or disposition of the property
• if there is guilty knowledge at that point, the offence is complete.