Reciving Flashcards
Guilty knowledge
Guilty knowledge may be proved by…
purchased the property at Gross undervalue.
The nature of the amount of property causes suspicion
The receiveer conceals the property so that it cannot be found.
original property
The property must be all or part of original property dishonestly obtained
Eg $10 note cut in half is receive
$10 note changed into 5 dollar notes is not receiving
Doctrine of recent possession
If a person is found in possession of property that has recently been stolen, this sufficient to say they are the thief or a dishonest receiver.
Guilty knowledge vs reckless
Guilty knowledge Denies possession of property Undervalued price Conceals property Conduct in relation to the property Amount and nature of property
Reckless
Reckless to weather the property is stolen. But take it any way!!
When is it not receiving
Donnelly case
A third party who takes the property is not guilty of receiving.
Eg police find stolen property and leave it there to wait for the offender to come back.
DUCCA
Denies possession Under value price Conceals property Conduct in relation to sale! Amount and nature