Receiving Stolen Property Flashcards

1
Q

“Receiving” where can we find this in the Crimes act?

A

Crimes Act 1961, Section 246(1) & 247(a) or 247(b) or 247(c)

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2
Q

Name the elements for “Receiving”

A
  • Receives
  • Any property
    OR
    Any property obtained by any other imprisonable
    offence
  • Knowing that property to have been stolen or so
    obtained
    OR
    Being reckless as to whether the property had been
    stolen or so obtained.
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3
Q

Define the element “Receives” :

A

Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.

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4
Q

Define the following element:

Any property stolen

OR

Any property obtained by any imprisonable offence

A

Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen.

Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft.

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5
Q

Fill in the gaps of the following element:

Any property stolen

OR

Any property ______ by any _______ ______

A

Any property stolen

OR

Any property obtained by any imprisonable offence

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6
Q

Define the following element:

Knowing that property to have been stolen or so obtained.

OR

Being reckless as to whether the property had been stolen or so obtained

A

Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.

Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.

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7
Q

Fill in the gaps of the following element:

Knowing that property to have been ____ or so ______.

A

Knowing that property to have been stolen or so obtained.

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8
Q

Fill in the gaps of the following element:

Being ______ as to whether the property had been stolen or so _____

A

Being reckless as to whether the property had been stolen or so obtained

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9
Q

Fill in the gaps of the Definition of the element:

Knowing that property to have been stolen or so obtained.
OR
Being reckless as to whether the property had been stolen or so obtained

:

______ at the time of _____ that the property had been stolen or obtained by any other _______ offence.

Receives the property, despite the person ________ taking an ________ risk that the property might be stolen or obtained by any other imprisonable offence.

A

BELIEVING at the time of RECEIVING that the property had been stolen or obtained by any other imprisonable offence.

Receives the property, despite the person CONSCIOUSLY taking an UNREASONABLE risk that the property might be stolen or obtained by any other imprisonable offence.

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10
Q

Fill in the gaps of the following Definition of Receives:

Either ______ or ______ with the thief or any other person has ________ or control over anything unlawfully obtained or helps in its concealment or disposal.

A

Either EXCLUSIVELY or JOINTLY with the thief or any other person has POSSESSION or control over anything unlawfully obtained or helps in its concealment or disposal.

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