Receiving II

Question 1

Voidable title

Answer 1

Title obtained by deception is referred to as ‘voidable title’. This means that the title can be avoided by the seller (complainant). The issue is that although the title is voidable, it is still a title.

Until the title is avoided, the person committing the deception has title to the property concerned and is able to confer a good title on to anyone who subsequently acquires the property from him in good faith.

Question 2

Avoiding title

Answer 2

In order to avoid title one of the following must be completed:
• communicating directly with the deceiver
• taking all reasonable and possible steps to bring it to the deceiver’s notice, eg sending a letter or email
• advising police of the circumstances of the deception

Question 3

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

Answer 3

Possession can be established 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).

Question 4

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

Answer 4

Possession can be established 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).