RECEIVING - Case Law Flashcards
R v KENNEDY - Intent
R v KENNEDY - Intent
The prosecution must prove intent on the part of the receiver to possess the property.
R v KENNEDY – guilty knowlegde
R v KENNEDY – guilty knowlegde
The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.
WARNER v METROPOLITAN POLICE COMMISSIONER – ideal possession
WARNER v METROPOLITAN POLICE COMMISSIONER – ideal possession
Ideally, a possessor of a thing has complete physical control over it; he has knowledge of its existence, its situation and its qualities; he has received it from a person who intends to confer possession of it, and he has himself the intention to possess it exclusively of others.
SULLIVAN v EARL OF CAITHNESS – constructive possession
SULLIVAN v EARL OF CAITHNESS – constructive possession
Possession includes “not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”
R v LUCINSKY – property stolen/illegally obtained
R v LUCINSKY – property stolen/illegally obtained
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.
R v HARNEY - recklessness
R v HARNEY - recklessness
“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”
R v DONNELLY – stolen property returned
R v DONNELLY – stolen property returned
Where stolen property has been physically recovered by the Police, it is legally impossible to commit the crimes of receiving or attempted receiving in respect of it, although there may be evidence of conspiring to receive property dishonestly obtained.
