Recieving/GIC Flashcards
What are the proofs of Recieving as per S188 of the Crimes Act?
- The accused
- recieved/disposed/attempted to
- Property
- know property stolen at the time
What are the proofs of GIC as per S527 of the Crimes Act?
- The accused
- Has a “thing”
- a) in his/her custody
b) has any “thing” in custody of another
c) has any “thing” in or on premises
d) gives custody of any “thing” to a person not lawfully obtained.
What are the differences between S188 and S189 of Crimes Act in regards to recieving offences?
S188 - Serious Indictable offences of property more than $5000 (T1)
S189 - Minor Indictable offences of less than $5000 (T2)
What is the difference between a “thing” and “property”
Property is defined in S4 of the crimes act and is specific:
“thing” is defined by common law and is technically “anything”
The main difference, property has to belong to a person!
Is recieving a dog that is more than $5000 a S188 or S189 offence?
S189, Minor indictable as penalty for stealing dog is maximum of 1 year.
What is the test for reasonable suspcision in regards to GIC/Recieving?
Objective test - reasonable suspicion is a suspicion based on facts which would create a reasonable suspicion in the mind of a reasonable person.
What is the case law regarding suspicion of GIC? What does this case law say?
R v English
Court considers suspicion at the time the matter is in court before the Magistrate.
“It must be determined not according to the subjective beliefs of the police at the time but according to an objective criterion determined by the court before whom the accused stands charged”
What is the definition of dishonesty?
Where is it found?
Section 4B of the Crimes Act
dishonest means dishonest according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people.
