Recieving Property Stolen

Question 1

What are the elements of receiving

Answer 1

Receives
Any Stolen property
OR
Any property obtained by any other imprisonable offence
Knowing that property to have been stolen or so obtained
OR
Reckless as to whether the property to be stolen or so obtained

Question 2

How is receiving proved

Answer 2

Either exclusively or jointly with the thief of any other person has PROSSESION or CONTROL over anything unlawfully obtained or helps in its concealment or disposal

Question 3

Guilty knowledge is essential element for the offence of receiving. How can this be proved?

Answer 3

evidence given by actual thief
the receiver obtained the property by gross undervalue
there are suspicious circumstances around the acquisition of the property
the nature for the amount of property causes suspicion
receiver denies about possession of the property
receiver conceals property so it cannot be found
receiver general conduct in relation to the property

Question 4

In terms of receiving property, what state must the property be in?

Answer 4

The property has to be the original item or part of the originall item.
For example if Jim steals $50 from sally, Jim then goes to the dairy and changes the money into smaller notes. If jimmy tells his friend that he has stolen $50 and is going to pay him back the $20 owed to him. This is not receiving as it is not the original money.