Handling Stolen Goods Flashcards Preview

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Flashcards in Handling Stolen Goods Deck (13):

Hawes v Edwards

"Receiving" for the offence of handling stolen goods may be satisfied where the goods are located at a place over which D has control with AN INTENT TO POSSESS THE GOODS (this mental element being crucial)



"Receiving" may be constituted by control where the good is in the custody of a servant acting under D’s direction through whom D exercises control over the goods, if D has AUTHORISED OR INSTRUCTED the servant to receive those goods.



If D is to be charged with handling stolen goods by "arranging to receive" the theft must predate the arrangement such that D knows or believes the goods are stolen property at the time of arrangement, otherwise the charge is conspiracy



Merely using the stolen goods does not qualify as "assisting" for purposes of handling stolen goods.



Passive acquiescence is NOT sufficient to constitute "assisting" even if D is benefiting from someone else’s handling



An omission to disclose the presence of stolen goods in the absence of a duty to disclose is NOT sufficient to constitute assisting.



The assistance need not be successful in its object



D may be charged with alternative counts of theft and handling if he handles the goods after the initial theft but it cannot be shown he was responsible for the initial theft.


Walters v Lunt

If the only person who could have stolen the good lacks criminal capacity there is no theft and so handling the property cannot be an offence, though it may be an attempt.



D must either be shown to be aware of the theft or believe the goods are stolen



If D is shown to possess property that was recently stolen, this is sufficient evidence to justify a finding that D is either a thief or dishonest receiver where there is no credible explanation as to how D innocently came by the property, with "recent" depending on the circumstances



If D intends to hand it over to the police or true owner immediately he cannot be guilty of handling


D receives a stolen phone innocently from P, who has asked him to safekeep it in return for $10. He then finds out it is stolen, but continues to keep it in hope of earning the $10. What offence has he committed and why?

According to the correspondence principle this is theft. The knowledge/belief that the goods are stolen must coincide with the receiving for the charge to be handling, so it cannot be handling here. The intent to permanently deprive/dishonesty, however, coincides with an act of appropriation so a charge of theft is appropriate.