Receiving Definitions / discussion

Question 1

RECEIVES S246(3) Crimes Act 1961

Answer 1

Receiving is complete 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 2

PROPERTY s2 Crimes Act 1961

Answer 2

Property includes real and personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.

Question 3

STOLEN s219(1) Crimes Act 1961

Answer 3

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

Question 4

OBTAINS s217 Crimes Act 1961

Answer 4

Means obtains or retains for himself or herself or for any other person

Question 5

GUILTY KNOWLEDGE R v KENNEDY

Answer 5

The guilty knowledge must exist at the time of receiving.

Question 6

GUILTY KNOWLEDGE DPP v NIESER

Answer 6

The crime by which the thing was obtained need not be known.

Question 7

VALUE

Answer 7

The property value is essential to the sentence as per section 247, CA 1961.

Question 8

POSSESSION

Answer 8

Possession may be actual or constructive

Question 9

RECKLESSLY R v HARNEY

Answer 9

Involves actual foresight by the accused of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.