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CIB 006 - Association Offences > Receiving > Flashcards

Flashcards in Receiving Deck (17)
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1

Section and Penalty

S246(1) CA61

7 Years Imp (Exceeds $1000)
1 Year Imp ($500 - $1000)
3 Months Imp (Under $500)

2

Elements

- Receives
- Any property stolen OR obtained by any other imprisonable offence
- Knowing the property to be stolen or so obtained
OR
- Being reckless whether or not the property had been stolen or so obtained

3

Legislation

When is receiving complete

S246(3) CA61

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

4

R v Cox

Possession

R v Cox

Possession involves two... elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element... is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession... and an intention to exercise possession.

5

Cullen v R

Possession for receiving, four elements

Cullen v R

There are four elements of possession for receiving:
(a) awareness that the item is where it is;
(b) awareness that the item has been stolen;
(c) actual or potential control of the item; and
(d) an intention to exercise that control over the item.

6

Assisting in Disposal or Concealment of Stolen Property

Must prove:

Example

Of note only

Both actual assistance and guilty knowledge. The doctrine of recent possession, discussed later in this chapter, has no application in such circumstances.

Example:
Assisting in the sale of stolen property although the person has not physically dealt with or possessed the property.

7

R v Donnelly

Not an offence to receive

R v Donnelly

Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained.

8

Property

S2 CA61

Property includes real and personal property, and any estate or interest in any real and personal property, money, electricity, and any debt, and anything in action, and any other right or interest.

9

R v Lucinsky

Property received must be

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.

10

Taking

Legislation

S219(4) CA61

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

11

Title and Voidable Title

And how to void title

A legal right to property.

If title is obtained by deception it is voidable title.

• Communicating directly with the deceiver
• Taking all reasonable and possible steps to bring it to the deceiver’s notice, eg sending a letter or email
• Advising police of the circumstances of the deception

12

R v Kennedy

Guilty Knowledge

R v Kennedy

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

13

R v Harney

Recklessness

R v Harney

Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk

14

Circumstantial Evidence of Guilty Knowledge

Receipt
• receipt of goods at an unusual place
• receipt of goods at an unusual time
• receipt of good in an unusual way
• secrecy in receiving the property
• type of person goods received from

Value
• mode of payment
• purchase at a gross undervalue
• absence of receipt where receipt would usually be issued

Property
• nature of the property, ie type, value, quantity
• lack of original packaging
• removal of identifying marks or features
• steps taken to disguise property, ie removal / altering of serial numbers, painting

Defendant
• nature of explanation given, eg false or inconsistent or no reasonable explanation
• false statements as to the source of the goods
• false statements as to the date of acquisition
• false denial of knowledge, existence etc
• possession of recently stolen property
• concealment of property to avoid discovery

15

Doctrine of Recent Possession

Where a person is found in possession of stolen property reasonably soon after the theft, an inference may be drawn that the person in possession either stole the property or received it from the thief.

16

Theft

Legislation

S219(1) CA61

Dishonestly and without claim of right, takes any property with intent to deprive any owner permanently of that property or of any interest in that property

17

Obtain

Legislation

S217 CA61

To obtain or retain for himself or herself or for any other person.