Receiving

Question 1

The Act of Receiving

Answer 1

• Property must be stolen or obtained by any other imprisonable offence.
• The Defendant must have received it from another person.
• Knowledge stolen or obtained, or be reckless as to that possibility.

Question 2

Assisting in disposal or concealment of stolen property

Answer 2

Must prove actual assistance and guilty knowledge. Doctrine of recent possession does not apply.

Eg, sale of stolen property although the person has not physically dealt with or possessed the property. Acting as an intermediary or assisting in the sale for shared proceeds as long as it can be shown the defendant acquired joint or sole possession or assisted in concealing or disposing the property.

Question 3

Dishonesty

Answer 3

Implied requirement the accused acted with dishonest intent.

Question 4

When is receiving complete?

Answer 4

s246(3) + Guilty knowledge.

Question 5

Control over property (Alternative)

Answer 5

• Prove receiver arranged for property to be delivered to a place they have control over.
• Prove on discovering the property, intentionally exercised control.
• May control it in possession of receiver’s agent.

Question 6

Title

Answer 6

A right or claim to the ownership of the property.

Where title is obtained by deceptive means, the offender gains both possession and title. Voidable title.

With theft there is no consent from the owner and the title is not transferred.

Question 7

Voidable Title

Answer 7

Meaning the title can be avoided by the complainant:

Offender can confer a good title to anyone who subsequently acquires the property in good faith.

Innocent party who buys the property before the title is avoided, they have acquired property with good title.

Where title has been avoided prior to the sale, the buyer do not acquire title to the property.

Question 8

Avoiding title

Answer 8

• Communicate directly with the receiver
• Take all reasonable and possible steps to bring it to the receiver’s notice: email, letter, text
• Advise Police of the circumstances of the deception.

Question 9

R v Kennedy

Answer 9

A guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.

Question 10

Circumstances evidence of guilty knowledge

Answer 10

• Possession of recently stolen property
• nature of the property, i.e. type, value, quantity
• purchase at gross undervalue
• secrecy in receiving the property
• receiving goods at an unusual place, time, way
• concealment of goods to avoid discovery
• removal of identifying marks or features
• lack of original package
• mode of payment
• type of person goods received from
• absence of receipt where receipt would usually be issued.

Question 11

Doctrine of Recent Possession

Answer 11

Applies to receiving as well as theft:

It is the presumption that, where the defendant acquired the 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 property, e.g. burglary or robbery.

Question 12

Possession

Answer 12

• Immediate physical custody or control

- at a location which receiver has control