Receiving Stolen Property Flashcards
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 property had been stolen or so obtained
Define Receives:
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
Define Any Property Stolen:
ANYTHING WHATSOEVER, whether tangible or intangible, that is the PROPERTY OF ANY PERSON,
Has value and has been stolen.
Define Any Property Obtained by any other Imprisonable Offence:
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.
Define Knowing that Property to have been Stolen or so Obtained:
Believing at the time of receiving
That the property has been STOLEN or OBTAINED by any other imprisonable offence.
Define Being Reckless as to Whether the Property had been Stolen or so Obtained:
Receives the property,
despite the person CONSCIOUSLY TAKING an UNREASONABLE RISK that the property might be
STOLEN or OBTAINED by any other imprisonable offence.
What is Guilty Knowledge?
The receiver knew AT THE TIME he or she received the property that it had been dishonestly obtained or that the person was reckless by having real suspicions about it but going ahead anyway.
Explain when receiving cannot be committed?
When the property dishonestly obtained is effectively under the control of the owner or the police (who have found and recovered it).
If someone converts the property, or uses fraudulent means to obtain property from another.
What is the doctrine of recent possession?
If a person is found in possession of recently stolen property, this is sufficient evidence to justify that the possessor is either the thief or a dishonest receiver.
