OF03: Receiving Stolen Property

Question 1

What are the Elements of Receiving Stole Property?

Answer 1

• Receives
• Any property stolen
  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

Explain “Receives”

Answer 2

Exclusively or jointly with theirs has possession or control over anything unlawfully obtained or helps in its concealment/disposal

Question 3

Explain “Any property stolen or obtained by an imprisonable offence”

Answer 3

Anything tangible or intangible that is property of any person, has value and has been stole/obtained by imprisonable offence

Question 4

Explain “Knowing that property to have been stolen or so obtained”

Answer 4

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

Question 5

Explain “Being reckless as to whether the property had been stolen or so obtained”

Answer 5

Receives property, despite consciously taking an unreasonable risk that it might be stolen or obtained by imprisonable offence

Question 6

How can guilty knowledge be proved in relationship to Receiving?

Answer 6

Direct Evidence - Property Stole
Circumstantial Evidence
- Denies possession
- Undervalued purchase
- Conceals
- Conduct in relation to the property
- Amount and nature of the property