Recieving Stolen Property

Question 0

Define receives

Answer 0

Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in it’s concealment or disposal

Question 1

What are the ingredients for receiving

Answer 1

Receives
Any property stole
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

Question 2

Define any property stolen

Answer 2

Any whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen

Question 3

Define any property obtained by any other imprisonable offence

Answer 3

Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft

Question 4

Define knowing that property to have been stolen or so obtained

Answer 4

Knowledge at the time of receiving that the property had been stolen or obtained by any other imprisonable offence

Question 5

Define being reckless as to whether the property had been stolen or so obtained

Answer 5

Receives the property, despite there being circumstances that indicate the property might be stolen or obtained by any other imprisonable offence

Question 6

What is guilty knowledge?

Answer 6

Guilty knowledge that the property was stolen. This can be proved by
Direct evidence
Circumstantial evidence I.e. the receiver purchased the property at gross undervalue or the nature or amount of the property causes suspicion

Question 7

Explain when receiving cannot be committed

Answer 7

If property dishonestly obtained is effectively under the control of the owner or the police, (who found and recovered it), a third party who takes the property is not guilty of receiving

OR

If someone converts property or uses fraud to obtain property from another, that person has a good but void able title to the property. The person would be charged with fraud

Question 8

Explain the doctrine of recent possession

Answer 8

If a person is found in possession of property that has recently been stolen, that is sufficient evidence to justify a finding that the possessor is either the thief or the dishonest receiver. This presumption is known as the doctrine of recent possession