Receiving Stolen Property

Question 1

What are the elements of Receiving Stolen Property ?

Answer 1

• 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 that property had been stolen or so obtained

Question 2

What Act and Section ?

Answer 2

Cimes Act 246 (1) & 247 (a) or 247 (b) or 247 (c)

Question 3

Penalty for property valued over $1000 ?

Answer 3

Not exceeding 7 years

Question 4

Penalty for property valved between $500 and $1000 ?

Answer 4

Not exceeding 1 year

Question 5

Penalty for property valued under $500 ?

Answer 5

Not exceeding 3 months

Question 6

When is receiving complete ?

Answer 6

The act of receiving any property stolen or obtained by an imprisonable offence, is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property.

See section 246(3).

Question 7

What are the four legal elements ?

Answer 7

-Awareness that the item is where it is;
• Awareness that the item has been stolen;
• Actual or potential control of the item; and
• An intention to exercise that control over the item.

Question 8

What Act and Section is Punishment for Receiving ?

Answer 8

Crimes Act 1961, Section 247