Recieving (OF03) Flashcards
Elements of ‘Receiving’
- Receives
- Any stolen 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
Define ‘Receives’
Has possession or control over anything unlawfully obtained or helps in its concealment or disposal
Define ‘Any property obtained by any other imprisonable offence’
Anything whether tangible or intangible and is the property of another person with value and has been obtained by an imprisonable offence other than theft.
Define ‘Knowing that property to have been stolen or so obtained’
Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.
Define ‘Being reckless as to whether the property had been stolen or so obtained’
Receives the property despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.
Identify the essential element of guilty knowledge and how it can proved
It is an essential element for the offence of receiving and it is proven by direct evidence and circumstantial evidence.