Receiving

Question 1

Receiving liability

Answer 1

S.246, ca 1961

• 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 2

Section for receiving

Answer 2

Section 246, crimes act 1961

Question 3

Three Main elements of receiving

Answer 3

• there must be property which has been stolen or obtained by an imprisonable offence
• the defendant must have received that property, which requires that the receiving must be from another
• the defendant must receive that property in the knowledge that it has been stolen or illegally obtained, or be reckless as to that possibility

Question 4

R v Cox

Answer 4

Possession involves two elements. The physical and mental elements. The physical element is the actual and potential physical custody and control.
The second is the mental element, which is a combination of knowledge and intention. Knowledge in the sense they know they have possession and intention to exercise that possession.

Question 5

Cullen v R

Answer 5

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 control over the item

Question 6

Control over property

Answer 6

Where property is locate at a place over which the receiver has control, then the prosecution must prove that:

• the receiver arranged for its delivery there
• he or she intentionally exercised control over it
• the exercise of control must be intentional
• can still have control of property if it is in possession of agent or servant

Question 7

R v Lucinsky

Answer 7

The property received must be the property stolen or illegally obtained and not some item for which the illegally obtained property had been exchanged or which are proceeds.

Question 8

Voidable title

Answer 8

Title obtained by deception is ‘voidable title’ as it can be avoided by the seller.

Question 9

R v Kennedy

Answer 9

The guilty knowledge that a thing has been stolen or dishonestly obtained must exist at the time of receiving

Question 10

R v Harney

Answer 10

Recklessness means the conscious and deliberate taking of an unjustifiable risk. In NZ it involves proof that the consequence complained of could happen, together with an intention to continue the course of conduct regardless of risk.

Question 11

Circumstantial evidence of guilty knowledge

Answer 11

• possession of recently stolen property
• nature of the property e.g type, value, quantity
• purchase at gross undervalue
• secrecy in receiving the property
• unusual place/time/way of receiving goods
• concealment of goods
• removal of identifying marks or features
• disguise of property
• lack of original packaging
• mode of payment
• whom property received from

Question 12

Doctoring of recent possession

Answer 12

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 a thief or receiver or has committed some other offence associated with the theft of the property.