Receiving

Question 1

Receiving

Section and Penalty

Answer 1

S246(1) CA61

7 Years Imp (Exceeds $1000)
1 Year Imp ($500 - $1000)
3 Months Imp (Under $500)

Question 2

Receiving

Elements

Answer 2

• Receives
• Any property stolen OR obtained by any other imprisonable offence
• Knowing the property to be stolen or so obtained
  OR
• Being reckless whether or not the property had been stolen or so obtained

Question 3

Legislation

When is receiving complete

Answer 3

S246(3) CA61

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

Question 4

Assisting in Disposal or Concealment of Stolen Property

Must prove:

Example

Of note only

Answer 4

Both actual assistance and guilty knowledge. The doctrine of recent possession, discussed later in this chapter, has no application in such circumstances.

Example:
Assisting in the sale of stolen property although the person has not physically dealt with or possessed the property.

Question 5

Property

Answer 5

S2 CA61

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.

Question 6

Taking

Legislation

Answer 6

S219(4) CA61

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 7

Title and Voidable Title

And how to void title

Answer 7

A legal right to property.

If title is obtained by deception it is voidable title.

• Communicating directly with the deceiver
• Taking all reasonable and possible steps to bring it to the deceiver’s notice, eg sending a letter or email
• Advising police of the circumstances of the deception

Question 8

Circumstantial Evidence of Guilty Knowledge (Receiving)

Answer 8

Receipt
• receipt of goods at an unusual place
• receipt of goods at an unusual time
• receipt of good in an unusual way
• secrecy in receiving the property
• type of person goods received from

Value
• mode of payment
• purchase at a gross undervalue
• absence of receipt where receipt would usually be issued

Property
• nature of the property, ie type, value, quantity
• lack of original packaging
• removal of identifying marks or features
• steps taken to disguise property, ie removal / altering of serial numbers, painting

Defendant
• nature of explanation given, eg false or inconsistent or no reasonable explanation
• false statements as to the source of the goods
• false statements as to the date of acquisition
• false denial of knowledge, existence etc
• possession of recently stolen property
• concealment of property to avoid discovery

Question 9

Doctrine of Recent Possession

Answer 9

Where a person is found in possession of stolen property reasonably soon after the theft, an inference may be drawn that the person in possession either stole the property or received it from the thief.

Question 10

Theft

Legislation

Answer 10

S219(1) CA61

Dishonestly and without claim of right, takes any property with intent to deprive any owner permanently of that property or of any interest in that property

Question 11

Obtain

Legislation

Answer 11

S2 CA61

In relation to doing a thing, means obtain, directly or indirectly, any goods, money, pecuniary advantage, privilege, property, or other valuable consideration of any kind for doing the thing (or taking an action that forms part of doing the thing)