Receiving

Question 1

Difference between S 188 and 189 Crimes Act?

Answer 1

188 - Receiving where stealing is SIO

189 - Receiving where stealing is MIO - very few.

Question 2

Proofs 188?

Answer 2

1. Accused received or
Disposed of or
Attempted to dispose of property charged
2. The property was stolen
3. a - At time of receiving or
b - At time accused disposed of, or
c - At time attempted to dispose of

KNEW IT WAS STOLEN. - He Kaw Teh

Question 3

Possession as per Crimes Act?

Answer 3

(a) has any such property in his or her custody, or
(b) knowingly has any such property in the custody of another person, or
(c) knowingly has any such property in a house, building, lodging, apartment, field, or other place, whether belonging to or occupied by himself or herself or not, and whether such property is there had or placed for his or her own use, or the use of another.

Question 4

R v Wiley

Answer 4

For receiving to be made out, the property must be taken into possession o the defendant.

Question 5

When is GIC a more appropriate offence?

Answer 5

When you can’t prove knowledge.

Question 6

Where is property defined?

Answer 6

S4 Crimes Act. Broad definition

Question 7

D’Andrea v Woods on Property?

Answer 7

Converted property can be property as defined.
Stamps were stolen and then sold, i.e converted into cash, Defendant was in possession of the cash, which is property as defined.

Question 8

Cases on admissions to prove knwoeldge?

Answer 8

R v Guidice - Any element may be proven by voluntary and unequivocal (leaving no doubt) admission by the accused.

Question 9

Case on belief?

Answer 9

R v Julal Raad

Knowing something is stolen can be shown through a ‘belief’ that it was stolen.

Question 10

R v Matthews?

Answer 10

Accused stated he received stolen property for purpose of handing it to Police. Found not guilty receiving.

Question 11

Case on knowledge being a subjective test only?

Answer 11

R v Parker - It is the guilty knowledge of the accused, not what a hypothetical reasonable man would have concluded.

Question 12

Is wilfully blind a defence to receiving? Case?

Answer 12

R v Schipanski - No room for wilful blindness as a defence, as it may indicate an objective test, when the test is subjective.

Question 13

Doctrine of recent possession?

Answer 13

• When a person is proven to have, or have had, possession of property
• which can be shown by evidence to have been stolen, and the possession is recent to the time of theft,
• Defenant fails to proffer a credible explaination for possession,
• Jury can draw conclusion person is thief or receiver.

Question 14

Does the defendant need to be found in possession of the goods?

Answer 14

No, R v Cross - Sufficient to show accused had possession at the relevant time.

Question 15

What does recent mean? Case?

Answer 15

R v Marcus

Recent in relation to the larceny.

Question 16

Is the Doctrine a presumption? Case?

Answer 16

R v Bellamy - Not a presumption of guilt, nor does the onus shift to the defence.

Question 17

Ghys v Crafter on ‘recent’?

Answer 17

Stolen type writer.
Defendant claimed he had it for a time, which turned out to be before the item was stolen. This was enough to prove recency.

Question 18

R v Medcalf on recency?

Answer 18

Recency is to be determined by reference to the nature of the goods.
Goods that are unique and hard to dispose of for instance, may invoke the Doctrine for a far longer period than a common item.

Question 19

What must happen if the only evidence for prosecution is recent possession? Case?

Answer 19

R v Zreika. Magistrate must be satisfied BRD the defendants version is false before convicting.

Question 20

Case on defendant failing to give a credible explanation?

Answer 20

R v Bruce. Failure to give credible explanation may be evidence of guilt.

Question 21

Does Doctrin of recent possession apply to all charges that involve a larceny? Case?

Answer 21

R v Loughlin

Yes.

Question 22

Can be found guilty of receiving if found guilty of stealing? Case?

Answer 22

No, R v Loughlin.

Question 23

189A Crimes Act?

Answer 23

Receiving etc goods stolen out of New South Wales
(1) Whosoever, without lawful excuse, receives or disposes of, or attempts to dispose of, or has in his or her possession, any property stolen outside the State of New South Wales, knowing the same to have been stolen, and whether or not he or she took part in the stealing of the property, shall be liable to imprisonment for ten years.
Offence occurs in NSW

Question 24

s121 Crimes Act?

Answer 24

If on trial for Larceny, an offence involving larceny or receiving, and found guilty, but Magistrate can’t decide which of the offences they are guilty of, 121 says they can be found guilty of the lesser offence.