Receiving Flashcards
(21 cards)
what are the two main categories of stolen property receivers
opportunists taking advantage of a bargain
professionals who receive stolen goods and arrange crimes as a business
what are the 5 pieces of case law regarding receiving
R v Cox - possession
Cameron v R - recklessness
R v Lucinsky
Culllen v R - possession for receiving
R v Donnelley
what are the elements of receiving
act of receiving
any property stolen, or
obtained by any other imprisonable offence
knowing that at the time of receiving the property, that it had been stolen or obtained by any other imprisonable offence
being reckless as to whether the or not the property had been stolen or so obtained
what three things must be satisfied for the act of receiving
property that has been stolen or obtained by an imprisonable offence
must have received from another
knowledge it has been stolen or illegaly obtained, or reckless as to whether
when is the act of receiving complete,
the offender has, either exclusively or jointly with the thief or another person, possession of, or control over, the property, or helps in concealing or disposing of the property
explain possession using case law
R v Cox
mental and physical
mental includes knowledge of possession and an intent to possess
physical includes actual or potential custody or control
what are the four elements of possession for receiving, using case law
Cullen v R
awareness of the item and where it is
awareness that the item has been stolen
actual or potential custody or control
an intention to exercise custody or control over the item
is assisting in disposal or concealment of stolen property considered receiving
yes
explain legally possible using case law
R v Donnelly
when stolen property has been returned to its owner or agent, it is not an offence to subsequently receive it even if the receiver knows the property had been stolen or illegally obtained
define property
real or personal property
is there a requirement the property received must be in the same condition or full
no
with case law, explain stolen property
R v Lucinsky
the property received must be the property stolen or illegally obtained and not some other item for which the legally obtained property had been exchanged or which are the proceeds
can you rely on a conviction as proof of guilt for a thief
yes
explain knowing the property had been stolen or illegally obtained using case law
R v Kennedy
the guilty knowledge of knowing the thing has been stolen or illegally obtained must exist at the time of the receiving
explain recklessness using case law
Cameron v R
Recklessness is established if the defendant realized there is a real possibility that
their actions would bring about the proscribed result
and/or
The proscribed circumstances exist
and in regard to that risk their actions were unreasonable
what are six examples of circumstantial evidence that may infer guilty knowledge
receipt of goods at an unusual time
receipt of goods at an unusual place
purchase at a gross undervalue
secrecy in receiving the property
possession of recently stolen property
nature of the property
when can you use the original thief to give evidence against the receiver
trial being held separately or thief’s trial concluded
what is the doctrine of recent possession
circumstantial evidence - belied they stole or received it
when a defendant is found in possession of property recently stolen or obtained dishonestly
no other material evidence or satisfactory explanation
does not include conceal or disposal
explain police acting as an agent
if police are in possession of/recover stolen property then it is deemed no longer stolen
explained property obtained outside nz
receiving property that was committed by an act overseas is an offence, as long as the property was received in nz and the offence was one unlawful in nz
when is a thief liable for receiving 66(1)
if they deliver the items to the receiver
