Receiving Stolen Property

Question 1

Elements : Receiving

Answer 1

R P I K R .

RECEIVING
Any PROPERTY Stolen
OR
Obtained by another IMPRISONABLE offence
KNOWING that property to have been stolen or so obtained
Being RECKLESS as to whether the property had been stolen or so obtained

Question 2

Guilty Knowledge

Answer 2

Guilty knowledge may be proved by:

Circumstantial evidence; for example:
− the receiver purchased the property at gross undervalue
− there are suspicious circumstances around the acquisition of the property
− the nature or amount of the property causes suspicion
− the receiver falsely denies having possession of the property
− the receiver concealed the property so that it could not be found
− the receiver’s general conduct in relation to the property.

Question 3

Doctrine of Recent Possession

Answer 3

If a person is found in possession of property that has recently been stolen, this is sufficient evidence to justify a finding that the possessor is either the thief or a dishonest receiver.

It puts the onus on the person found in possession of the property to provide an explanation for having it, or be charged with theft or receiving.

Question 4

Penalties for Receiving

Answer 4

a) If the value of the property received exceeds $1000, to imprisonment for a term not exceeding seven years.
b) If the value of the property received exceeds $500 but does not exceed the sum of $1000, to imprisonment for a term not exceeding one year.
c) If the value of the property received does not exceed $500, to imprisonment for a term not exceeding three months.