OF03 Receiving Stolen Property

Question 1

Elements

Answer 1

-Receives
-Any stolen property 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 has been stolen or so obtained

Question 2

Receives

Answer 2

• Either exclusively or jointly with thief or any other person
• Possession over anything unlawfully obtained
• Helps in concealment or disposal

Question 3

Any property stolen

Answer 3

• Anything (tangible or intangible)
• Property of any person
• Has value and has been stolen

Question 4

Any property obtained by any other imprisonable offence

Answer 4

Obtained by an imprisonable offence excluding theft

Question 5

Knowing that property to have been stolen or so obtained

Answer 5

• Believing at the time of receiving property

- Stolen or obtained by an imprisonable offence

Question 6

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

Answer 6

• Receives property

- Consciously taking an unreasonable risk property might be stolen or obtained by any other imprisonable offence

Question 7

Guilty Knowledge

Answer 7

Proven by direct evidence
- from thief (unwise, unreliable)

Circumstantial evidence

• purchased at gross undervalue
• suspicious circumstances
• nature or amount
• conceals property

Question 8

Doctrine of recent possession

Answer 8

Person found in possession of recently stolen property

- There is sufficient evidence possessor is thief or dishonest receiver

Question 9

Value of stolen property

Answer 9

Affects penalty