Receiving Stolen Property Flashcards
In receiving what form must the property be in?
The property must be all or part of the original property dishonestly obtained.
For example: A thief steals a $10 note. He then cuts it in half to this friend, telling him it has been stolen. Result: The friend has received part of the original property. He is criminally liable for receiving.
What are the ingredients for Receiving?
- Receives
- Any property stolen 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 propert had been stolen or so obtained
How can guilty knowlege be proved for receiving?
- Direct evidence
- eg evidence given by the actual theif
- Circumstantial evidence
- eg the receiver purchased the property at gross undervalue
When is a receiving charge not possible?
If property dishonestly obtained is effectively under the control of the owner or the police (who have recovered it) a third party who takes the property is not guilty of receiving.
What is Doctrine of recent possession?
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.