Receiving Stolen Property

Question 1

What is section 188 crimes act?

Answer 1

Offence of receiving stolen property where stealing is a serious indictable offence

Question 2

What is the punishment for receiving stolent property

Answer 2

S188(1) crimes act 10 years
188(b) crimes act 12 yrs if motorvehicle.
189 crimes act 3 years if stealing a minor indictable offence.

Question 3

What is section 189 crimes act?

Answer 3

Offence of receiving stolen property where stealing is a minor indictable offence

Question 4

What is stealing for purposes of s188 and 189 crimes act? Does it apply to other offences?

Answer 4

No it doesnt apply to other offencds The definition of stealing is defined in s 187 Crimes Act and is limited to offence of receiving or disposing of stolen property .

Stealing includes the taking, extorting, obtaining, embezzling or otherwise of the property in question.

Question 5

Are alternative verdict provisions available between s 188 and 189?

Answer 5

No.

Question 6

What are the proofs of receiving?

Answer 6

1. Accused received, disposed of or attempted to dispose of the property charged.
2. The property was stolen.
3. At the time the accused received the property or at the time accused disposed of the property or at the time the accysed attempted to dospose of the property they Knew it to be stolen.

Question 7

When would a charge of goods in custody be preferred?

Answer 7

Cant prove property was stolen.

Question 8

What is the definition of property?

Answer 8

S 4 crimes act defines property.

D Andrea v Woods: provides that it also includes property which has bren coverted or exchanged and everything acquired by such conversion or exchange whether immediately or otherwise.

Question 9

What is possession?

Answer 9

S7 crimes act defines possession. It requires the defendant to be awade of the prescence of the goods and have intention to exert physical custody over them.

Question 10

What if receivibg of the goods was intercepted by police?

Answer 10

R v wiley: cannot be found guilty of receiving as defendant never took possesion of the goods actually or constructively.

Question 11

What if stolen property left on persons premises can they ve found guikty of receiving?

Answer 11

R v Cavendish: defendant must know something about the property being stolen. And prosecution must prove knowledge

Question 12

Define disposal

Answer 12

The action of disposing of, settling or definitely dealing with the action of giving, making over, bestial or assignment (oxford dictionary

Question 13

What is required to be established for an attempt to dispose?

Answer 13

A necessary act alleged to constitute an attempt to go beyond preparation stage and be sufficiently proximate to the completion of the offence.

Question 14

Can an offence of receiving be proved beyond reasonable dealt just on admissions?

Answer 14

Yes. R v Guidance. Any element of an offence may be proved by a voluntary and unequivocal admission by the accysed

Question 15

How do you prove that the goods were stolen?

Answer 15

1. Admissions r v guidance.
2. Circumstances of the case r v Sbarra (court held circumstances of case were sufficient to prove the goods were stolen when the defendant received them, this was sufficient for receiving)
3. Circumstantial evidence: r v schiffman.
   Q

Question 16

When does knowlesge of the property being stolen need to be formed?

Answer 16

At the time property received OR

At the time of disposal.

Question 17

Is knowledge of stolen property an objective or subjective test?

Answer 17

R v Parker: subjective test. The defendant is not to be convicted on hypothetical reasonable man would conclude it were stolen.

Question 18

If the defendant was goinf to hand the items to police. Can they be found guilty of disposing of stolen property?

Answer 18

No. R v Matthews not guilty of offence if intending to hand property to police or true owner.

Question 19

Ia wilful blinsness enough to prove knowledge?

Answer 19

R v Schipanski: no. Just turning a blind eye is not enough must show defendant had some knowledge that property was stolen.

Question 20

What is section 189A Crimes Act:

Answer 20

Offence of receiving or disposing of property stolen outside of NSW.

Example property in transit and being brought into NSW

Question 21

What are the proofs of receiving stolen property outside of NSW?

Answer 21

Without lawful excuse
A person
Recieves/disposes/attempts to dispose of/has in possesion
Property
Stolen outside of NSW
Knowing the same to have been stolen
Whether or not he took part in stealing the property
If the stealing wad an offence outside of NSW

Question 22

What if we don’t know where the property was stolen from

Answer 22

S189B crimes act: deeming provisipn that stealing took place in NSW.

Question 23

Are alternative verdicts available?

Answer 23

If there are additional charges for a larceny offenxe and a receiving then alternative verdict applies by virtue of s121 Crimes Act. However the charge must be laid.

Question 24

What is section 121 Crimes Act?

Answer 24

On trial of person charged with larceny or offence including larceny AND
Receiving
Jury can find person either stole or received BUT can’t say which
Person not entitled to an acquittal
Liable to be sentenced for the offence which arrives at the lesser punishment.

E.g. defendant charges BES and receiving

Question 25

What is the doctrine of recent possession?

Answer 25

When a person is proven to have, or had, possession of property which can be shown by evidence to have been stolen and that possession is recent to the time of the theft and the defendant fails to offer a credible explanation for his possession of the property then a jury is entitled to draw a conclusion from the defendants unexplained possession of the property that the person is either the theif or guilty receiver.

Question 26

Does tbe defendant need to be found in possession of the stolen property for the doctrine od recent possessipn to apply?

Answer 26

R v Cross: no. Sufficient if can show accused was in possession at the relevant time.

Question 27

What is recent?

Answer 27

Depends on nature of the goods and circumstances of the case.

Ghys v crafter.although the period would not normally be recent the defendants admission or the more unique the items the longer the time would allow.

Question 28

What is the authority of R v Zreika and Bruce v R:

Answer 28

If the only evidence for the prosecution is recent possession, the magistrate must be satisfied beyone reasonable doubt that the defendants version is false before convicting. The defendants failure to give a credible explanation may be evidence of guilt.

Question 29

What offences does the doctrine of recent possession apply to?

Answer 29

R v Loughlin: doctrine of recent possession applies to all charges which involve a larceny.

In the case where someone is guiltt of stealing it is inconsistent to find them guilty of receiving because a person cannot receive from his/her self.