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CIB Criminal Liabilities > Receiving > Flashcards

Flashcards in Receiving Deck (6)
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1

RECEIVING
Section 246 (1)
Crimes Act 1961
7 Years Imprisonment, 1 year, 3 months

1.1 Receives
1.2 Any property
1.3 Stolen OR obtained by any other imprisonable offence
1.4 Knowing that property to have been stolen or so obtained OR
1.4.2 Being reckless as to whether or not the property has been stolen or so obtained.

2

1.1 Receives

Receiving - Section 246 (3)
The act of receiving any property stolen or obtained by another crime 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 the concealing or disposing of the property.

See possession caselaw:
WARNER v METROLPOLITAN POLICE COMMISSIONER
SULLIVAN v EARL OF CAITNESS

R v DONNELLY
Attempted receiving - Found not guilty because the property which he intended to receive had been restored to the owner. Legally possible.

3

1.2 Any property

R v LUCINSKY
Property received must be property stolen or obtained by a crime. The property or part of it.

4

1.3 Stolen OR obtained by any other imprisonable offence

Stolen - Section 219(1) Crimes Act 1961
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.

Obtained by any other imprisonable offence:
Obtains or retains for himself or herself of for any other person by any offence punishable by a term of imprisonment.

5

1.4 Knowing that property to have been stolen or so obtained OR

See Caselaw:
SIMESTER AND BROOKBANKS
R v KENNEDY

6

1.4.2 Being reckless as to whether or not the property has been stolen or so obtained.

R V HARNEY Caselaw - Recklessness

Consciously and deliberately taking an unjustifiable risk.