Receiving stolen property

Question 1

What are the elements Of receiving

Answer 1

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

Question 2

Define guilty knowledge

Answer 2

Guilty knowledge is information received by the actual thief or if circumstantial evidence is present eg
Purchasing property at gross undervalue
Suspicious circumstances around acquisition of property

Question 3

Explain when receiving cannot be commited

Answer 3

If property obtained is effectivley under control of the owner or the police.
If someone converts property or uses fraudulent means to obtain property.

Question 4

Explain the doctrine of recent possesion

Answer 4

If a person is found in possesion of property that has recently been stolen, this is sufficient evidence to justify that the possessor is either the thief or the dishonest receiver. The possession is accepted by the courts as circumstantial evidence.
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