Short Answer Receiving

Question 1

3 elements to satisfy receiving

Answer 1

· There must be property which has been stolen or has been obtained by an imprisonable offence.

· The defendant must have “received” that property, which requires that the receiving must be from another (you cannot receive from yourself).

· The defendant must receive that property in the knowledge that it has been
stolen or illegally obtained, or being reckless as to that possibility.

Question 2

When the act of receiving is complete

Answer 2

The act of receiving any property stolen or obtained by any other imprisonable offence is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property

• either exclusively or jointly with the thief or any other person
  possession or control, or
• has assisted in the concealment or disposition of the property
• If there is guilty knowledge at that point, the offence is complete.

Question 3

Circumstantial evidence of guilty knowledge

Answer 3

· possession of recently stolen property
· nature of the property, ie type, value, quantity
· purchase at a gross undervalue
· secrecy in receiving the property
· receipt of goods at an unusual place
· receipt of goods at an unusual time
· receipt of good in an unusual way

Question 4

Doctrine of recent possession

Answer 4

It is the presumption that, where the defendant acquired possession willingly, the proof of possession by the defendant of property recently stolen is, in the absence of a satisfactory explanation, evidence to justify a belief and finding that the possessor is either the thief or receiver, or has committed some other offence associated with the theft of the property, eg burglary or robbery.

The doctrine applies only to cases where a defendant is found in possession of property recently stolen or obtained dishonestly.

Question 5

Possession can be described as

Answer 5

• awareness that the item is where it is;
• awareness that the item has been stolen;
• actual or potential control of the item; and
• an intention to exercise that control over the item

Question 6

Avoiding title

Answer 6

• communicate directly with the deceiver, or
• take all reasonable steps possible to bring it to the notice of the deceiver, or
• advise police of the circumstances of the deception.