Robbery And Receiving Flashcards
1
Q
Receiving elements
A
CA1961 section 246 and 247
- Receives
- any property stolen OR any property obtained by any other imprisonable offence
- knowing that property to have be stolen or so obtained OR being reckless to whether the property had been stolen or so obtained.
2
Q
What is guilty knowledge?
A
Guilty knowledge is an essential element for proving receiving. It can be proved by;
- Direct evidence e.g evidence given by the actual theif.
- circumstantial evidence e.g suspicious circumstances about how the property was obtained.
3
Q
Robbery elements
A
CA1961 section 234
- theft
- accompanied by violence OR accompanied by threats of violence.
- to any person OR to any property
- used to extort the property stolen OR to prevent or overcome resistance to the property being stolen.