Receiving Pt 2

Question 1

Title Meaning

Answer 1

a right or claim to the ownership of property’. Title or ownership of a thing is the legal right to possession of that thing.

Question 2

Voidable title

Answer 2

Title obtained by deception is referred to as ‘voidable title’. This means that the title can be avoided by the seller (complainant).

Until this time the person has good title and can confer this on to a buyer

Question 3

How to avoid title

Answer 3

• 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 4

Knowing - CASE LAW

Answer 4

R v Kennedy

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

Question 5

Reckless - CASE LAW

Answer 5

Cameron v R
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

Question 6

Circumstantial evidence of guilty knowledge

Answer 6

• possession of recently stolen property
• nature of the property, ie type, value, quantity
• purchase at a gross undervalue
• secrecy in receiving the property
• receipt of goods at an unusual place
• receipt of goods at an unusual time
• receipt of good in an unusual way
• concealment of property to avoid discovery
• removal of identifying marks or features
• steps taken to disguise property, ie removal / altering of serial numbers, painting

Question 7

Doctrine of recent possession

Answer 7

1) If they are in:
- recent possession &
- there no satisfactory explanation,
- this satisfies belief they are either the thief or receiver and allows for inference to be drawn. (r, or has committed some other offence associated with the theft of the property, eg burglary or robbery.

2) Presumption does not arise unless there is proof that the property has in fact been stolen or obtained by another crime
3) The rule then allows for proof of theft or receiving by way of circumstantial evidence.

Question 8

Doctrine of recent possession:

Whether possession is ‘recent’ is dependant on:

Answer 8

• the nature of the property, and

* the surrounding circumstances