receiving s.246 Flashcards
ingredients receiving s.246
receiving s.246
receives property stolen or obtained by other crime
knowing that property to be stolen or being reckless as to whether that property was stolen or so obtained
penalty receiving s.246
$1000 < 7 years
$500 - $1000 1 year
R v COX
possession involves two elements, the first often called the physical element is the actual or potential physical custody or control, the second often described as the mental element is a combination of knowledge and intent, knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
R v CULLEN (4 elements)
the four elements of possession for receiving are:
a) awareness that the item is where it is
b) awareness that the item is stolen
c) actual or potential control of the item
d) an intention to exercise control
s.49 evidence act 06
a conviction for the theft or obtaining of the item can be used as evidence of the item being stolen or so obtained.
explain legal title and s246(6)
in regard to theft possession of the item is obtained but not title.
in regard to containing by deception both possession and title are received until title is voided by the victim.
if a person receives an item with legal title before that title is voided then they do not commit an offence.
R v LUCINSKY (property; $20 notes)
the property received must be the property stolen or illegally obtained (or part thereof) and not some other item from which the illegally obtained item has been exchanged or are the proceeds.
eg; $100 stolen in $20 notes exchanged for different denominations receipt by another of which is not an offence
R v KENNEDY
the guilty knowledge that the property has been stolen or dishonestly obtained must exist at the time of receiving.
R v HARNEY
recklessness involves the conscious and deliberate taking of an unjustified risk, it involves foresight of dangerous consequences that could well happen together with an intention to continue the course of action regardless of the risk.
doctrine of recent possesion
in circumstances where the receiver is found in possession of the property soon after it was stolen then it can be inferred that they are the thief or received the item fro the thief.
R v DONNELLY
where property stolen has been physically recovered by police, it is legally impossible to commit the offence of receiving or att. receiving in respect of it. although there may be evidence of conspiracy to receive property dishonestly obtained.
