Receiving Case Law

Question 1

R v Cox

Answer 1

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: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 2

Cullen v R

Answer 2

There are four elements of possession for receiving:

(a) awareness that the item is where it is;
(b) awareness that the item has been stolen;
(c) actual or potential control of the item; and
(d) an intention to exercise that control over the item.

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

R v Lucinsky

Answer 4

The property received must be the property stolen or illegally obtained (or part thereof), and not some other item for which the illegally obtained property had been exchanged or which are the proceeds.

Question 5

R v Kennedy

Answer 5

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

Question 6

Cameron v R

Answer 6

Recklessness is established if: (a) the defendant recognised that there was a real possibility that: (i) his or her actions would bring about the proscribed result; and/or (ii) that the proscribed circumstances existed; and (b) having regard to that risk those actions were unreasonable.