receiving

Question 1

what two categories do receivers of stolen property or obtained by an imprisonable offence generally fall into

Answer 1

• opportunists taking advantage of a bargain; or

- professionals who receive stolen goods and organise crimes as a business operation

Question 2

s246 of the crimes act 1961

Answer 2

1) everyone is guilty of receiving 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 3

what is the punishment for receiving

Answer 3

over $1000 - 7 years
$500 - $1000 - 1 year
under $500 - 3 months

Question 4

what are elements of receiving

Answer 4

• act of receiving
• 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

Question 5

what 3 elements satisfy the act of receiving

Answer 5

1. there must be property which has been stolen or obtained by an imprisonable offence
2. the defendant must have received that property from another person (you cannot receive it from yourself)
3. the defendant must receive that property in the knowledge that it has been stolen or illegally obtained, or being reckless as to that possibility

Question 6

when is the act of receiving property complete

Answer 6

s246(3) of crimes act 1961

as soon as the offender has either exclusively or jointly with the thief or any other person possession or control over the property or helps in concealing or disposing it

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

Question 7

what is actual and potential possession

Answer 7

actual possession - arises where the thing in question is in a person’s physical custody or control

potential possession - arises when the person has the potential to have the thing in question in their control, eg. storing the thing in question at an associate’s house or through an agent

Question 8

what must the prosecution prove in cases alleging the defendant assisted in the disposal or concealment of stolen or dishonestly obtained property

Answer 8

the prosecution must prove both actual assistance and guilty knowledge

eg. assisting in the sale of stolen property although the person has not physically dealt with or possessed the property

Question 9

what is the definition of property

Answer 9

s2 of crimes act 1961

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 10

oxford dictionary definition of title

Answer 10

a right or claim to the ownership of property

title or ownership is a legal right to possession of that thing

Question 11

voidable title

Answer 11

a title that is obtained by deception

a voidable title may be conferred onto another party as good title if it is done before the title is avoided by the original/rightful title holder

Question 12

what must you do to avoid a title

Answer 12

one of the following must be completed:

• communicating directly with the deceiver
• taking all reasonable and possible steps to bring it to the deceivers notice, eg sending a letter or email
• advising the police of the circumstances of the deception

Question 13

what are some circumstantial evidence of guilty knowledge

Answer 13

• possession of recently stolen property
• nature of the property ie type, value, quantity
• purchase at a gross undervalue
• secrecy in receiving the 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 or features
• steps taken to disguise property ie removal or altering serial numbers, painting
• lack of original packing

Question 14

when can direct evidence of the original thief/obtainer be brought against a receiver

Answer 14

• when the associated defendant is being tried separately

- when the proceeding against the associated defendant has been determined/concluded

Question 15

what is the doctrine of recent possession

Answer 15

it is the presumption that where a 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 16

what determines whether possession is recent

Answer 16

• the nature of the property; and

- the surrounding circumstances

Question 17

can a person be charged with receiving for property obtained outside of new zealand

Answer 17

receiving property for an act committed overseas is an offence in new zealand only if the receiving takes place in new zealand

Question 18

possession can be descried as..

Answer 18

• 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

Question 19

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

Answer 19

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)