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Flashcards in Receiving Deck (21):
1

Receiving
Section
Act
Penalty
Ingredients

Section: 246(1)
Act: Crimes Act 1961
Penalty: 7 years/ 1 Year/ 3 months

Ingredients
1. Receives
2. Any property
3. Stolen OR Obtained by any other imprisonable offence
4. Knowing that property to have been stolen or obtained by any imprisonable offence OR Being reckless as to whether that property had been stolen or so obtained

2

Ingredients - definitions and caselaw
Receives

1. Receiving
2. Possession may be.....
3. Actual possession OR Constructive possession
4. Warner V Metropolitan Police Commissioner (Actual only) OR Sullivan V Earl of Caithness (Constructive only)
5. R V Donnelly

3

Ingredients - definitions and caselaw
Any property (receiving)

1. Property
2. R V Lucinsky

4

Ingredients - definitions and caselaw
Stolen OR Obtained by any other imprisonable offence

1. Stolen

OR

1. Obtains
2. An imprisonable offence

5

Ingredients - definitions and caselaw
Knowing that property to have been stolen or obtained by any imprisonable offence OR Being reckless as to whether that property had been stolen or so obtained

1. Knowledge
2. R V Kennedy
3. Property

OR

1. Reckless
2. R V Harney
3. Property

6

Value

Value of property
The property value is essential to the sentence as per section 247, Crimes Act 1961

7

R V Harney

(Recklessness involves).... foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

8

Warner V Metropolitan Police Commissioner

Ideal Possession (Actual)
The term "possession"must be given a sensible and reasonable meaning in it's context. Ideally, a possessor of a thing has:
- Complete physical control over it
- Knowledge of it's existence, it's situation and it's qualities

9

Sullivan V Earl of Caithness

Constructive
Possession includes not merely those who have physical custody of firearms.... but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at another location

10

R V Donelly

Where stolen property has been physically recovered by the police, it is legally impossible to commit the crimes of receiving or attempted. It must be legally possible to receive the property

11

R V Lucinsky

The property received must be the property stolen or illegally obtained (or part thereof) and not some other item for which the illegally obtained property had been exchanged or which are the proceeds

12

R V Kennedy

A guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving

13

Constructive possession

Possession may be actual or constructive

Constructive possession arises when something is not in a persons physical custody but they have ready access to it or can exercise control over it

14

Actual possession

Possession may be actual or constructive

Actual possession arises where the thing in question is in a persons physical custody, it is on or about their person, or immediately at hand

15

Obtain

means obtain or retain for himself or herself or any other person
Section 217, Crimes Act 1961

16

Reckless

Acting "recklessly" involve consciously and deliberately taking an unjustifiable risk

17

Property

Includes any real or personal property and any estate or interest in any real or personal property, money, electricity or any debt or any thing in action or any other right or interest
Section 2, Crimes Act 1961

18

Receiving

Receiving is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property
Section 246(3), Crimes Act 1961

19

Knowing

Knowing means knowing or correctly believing
Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false

20

An imprisonable offence (burglary/receiving)

Normal meaning - any offence punishable by a term of imprisonment

21

Stolen

Dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property
Section 219(1) Crimes Act 1961