Recieving

Question 1

When is recieving complete?

Answer 1

S 246(3) CA1961
The act of receiving any property stolen or obtained by any other 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.

Question 2

What must be proved to establish a recieving charge?

Answer 2

There must be property which has been stolen or has been obtained by an imprisonable offence
The defendant must have recieved that peroperty which requires that the recieving must be from another
The defendat must recieve that property in the knowledge that it has been stolen or illegally obtained or being reckless as to that possibility.

Question 3

What is the concept of title in relation to recieved property?

Answer 3

A right or claim to ownership of property, title or ownership of a thing is a legal right to possession of that thing.

Question 4

What is the doctrine of recent possession?

Answer 4

It is the presumption that where the defendant aquired possession willingly the proof of possession by the defendant of property recently stolen is, in the absence of a satisfactory explanation evidence to justify a belief and finding that the possessior is either the theif or reciever, or has committed some other offence associated with the theft of the property.

Question 5

R v Cox

Answer 5

Possession involves two elements.
The first often called the physical element is actual or potential physical custody or control.
The second, often described as the metal element is a combination or knowledge and intention.
Knowledge in the sense of an awaremness by the accused that the substance is in his possession, and an intention to exercise possession

Question 6

Cullen v R

Answer 6

here are four elements of possession for receiving
Awareness that the item is where it is
Awareness that the item has been stolen
Actual or potential control of the item
An intention to exercise that control over the item

Question 7

What are the elements of recieving S246 CA1961

Answer 7

The act of recieving
any property stolen or
obtained by any other imprisonable offence
knowing at the time of recieving the property that it had been stolen or obtained by any other imprisonable offence or
being reckless as to whether or not the property had been stolen or so obtained

Question 8

R v Kennedy

Answer 8

The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of recieving.