Receiving

Question 1

What is act, section and penalty for receiving?

Answer 1

S246(1)CA61 
Penalty:
value over $1000 = 7 yrs
value $500 - $1000 = 1yrs 
value under $500 = 3 months

Question 2

What are the 4 elements?

Answer 2

1 -Receives
2- Any property 
3 - Stolen 
OR 
obtained by any 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
5 - Value

Question 3

Explain when receiving is complete plus section?

Answer 3

Receiving Complete - S246(3)CA61
- Receiving is complete when the offender has exclusively or jointly with the thief or any other person has possession or control of the property or helps concealing it or disposing it

Question 4

What are the 4 elements of R v Cullen?

Answer 4

R v Cullen
1 - Aware that the item is where it is
2 - Aware that the item was stolen
3 - Actual or potential control of it
4 - An intention to exercise that control

Question 5

Explain R v Cox plus the types of possession?

Answer 5

R v Cox
- Possession has 2 elements. First being the physical element is actual physical or control. Second being the mental element is a combination of knowledge and intention. Knowledge in the sense of awareness that the substance is in his possession and an intention to exercise possession.

Actual possession
- Actual possession arises when the thing in question is in a person physical custody or control

OR

Potential Possession
- Arises when the person has the potential to have the thing in their control

Question 6

Explain property plus section?

Answer 6

Property - S2 CA61
- Property includes real or personal property and any estate or interest in any real or personal property, money, electricity and any debt any anything in action and any other right or interest.

Question 7

Explain R v Lucinsky in relation property?

Answer 7

R v Lucinsky
- The property received must be stolen or illegally obtained. Not some other item which the illegally obtained property was exchanged for or are the proceeds.

Question 8

Explain stolen plus the section?

Answer 8

Stolen - S219(1) CA61
- Dishonesty and without claim of right takes any property with intent to deprive any owner permanently of that property or any interest in that property.

Question 9

Explain obtained plus section?

Answer 9

Obtains - S217 CA61

- Means obtains or retains for themselves or some other person.

Question 10

Imprisonable offence?

Answer 10

• Any offence punishable by a term of imprisonment

Question 11

Simester and Brookbanks?

Answer 11

• Knowing means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false

Question 12

Explain R v Kennedy in relation to guilty knowledge?

Answer 12

R v Kennedy

- Guilty knowledge that the item was stolen or dishonesty obtained must exist at the time of receiving

Question 13

Reckless case law?

Answer 13

R v Harney
- Recklessness means the consciously and deliberately taking an unjustified risk. In NZ it involves proof that the consequences could well happen together with an intent to continue the act regardless of the risk.

Question 14

Value?

Answer 14

• The value of the property is essential for the sentence - S247 CA61

Question 15

What 4 points need to covered on selecting “receiving”?

Answer 15

• Receiving S246(3) CA61
• R v Cullen
• R v Cox
  Actual OR Potential possession

Question 16

What 2 points need to covered with “property”?

Answer 16

• Property S2 CA61

- R v Lucinsky

Question 17

If you select “knowing the property” what 3 points need to covered?

Answer 17

• Simister and Brookbanks
• R Kennedy
• Property S2 CA61

Question 18

If you select “reckless” what point needs to covered

Answer 18

• R v Harney

Question 19

What are all the points that need to be covered?m

Answer 19

Receiving Complete-S246(3) CA61
R v Cullen
R v Cox
Actual OR potential possession

Property S2CA61
R v Lucinsky

Stolen S219CA61 OR Obtained S219CA61

Simester and Brookbanks
R v Kennedy
Property S2CA61
OR
R v Harney