Elements Of Reciveing

Question 1

What are the elements of recieving?

Answer 1

1. Receives
2. Any property stolen OR any property obtained by any other imprisonable offence
3. 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

What are the 3 types of punishments of receiving?

Answer 2

1. Exceeds $1000 = seven years imprisonment
2. Exceeds $500 but does not exceed $1000 = one year imprisonment
3. Does not exceed $500 = three months imprisonment

Question 3

When someone has committed the offence of recieving, what guilty knowledge can prove the receiving?

Answer 3

1. Direct evidence (admissions/evidence)
2. Circumstantial (it was obvious in some way that the action was receiving, e.g. the property was at gross undervalue)