Unit 4 Lesson 5.3 Reset

Question 1

Define reset?

Answer 1

Reset is a crime at common law, committed by any person with the intent to deprive the owner, to receive and keep property, knowing that it has been appropriated by theft, robbery, embezzlement or fraud

Question 2

What are the essential elements of reset?

Answer 2

To prove a charge of reset the prosecution must prove certain essential elements of this crime were present and they are as follows:-

1) Guilty knowledge
2) Criminal intent
3) Receipt of property
4) Property dishonestly obtained

Question 3

Exemptions of reset

Answer 3

Reset does not extend to the receipt of the proceeds from the sale of stolen property.

Question 4

What is evidence in previous convictions got to do with reset?

Answer 4

Evidence they have been found in possession of stolen property in the last 12 months can be taken into consideration to prove they knew it was stolen

If they have been convicted of an offence of fraud or dishonesty within the previous 5 years, this can be taken into consideration to prove the accused knew the property was stolen

Accused must be given 7 days notice in writing that it is intended to leaf such evidence.

Question 5

Police powers in relation to reset?

Answer 5

Crime at commons law punishable by imprisonment. Consider using s1 power of arrest.

In certain cases it may be dealt with by recorded police warning.