Receiving S246(1) CA1961 Def

Question 1

Elements of receiving S 246(1) CA 1961

Answer 1

• Receives
• Any property stolen OR
• Obtained by any other imprisonable offence
• Knowing at the time of receiving the property that it had been stolen OR
• Being reckless as to whether or not the property had been stolen or so obtained

Question 2

Receives

Answer 2

Property stolen/obtained by imprisonable offence

Defendant has received the property which requires that the receiving must be from another

Received with knowledge that it has been stolen or illegally obtained or reckless to that possibility.

Act is complete as soon as the offender has either obtained possession or control over or helps its concealing or disposing of the property

Question 3

R V Cox - Possession

Answer 3

Two Elements, physical and mental. Custody and control, knowledge and intention

Question 4

R v Cullen - possession

Answer 4

4 Elements of possession for recieving
1. Awareness that the item is where it is
2. Awareness that the item has been stolen
3. Actual or potential control over the item AND
4. An intention to exercise that control over the time

Question 5

R V Donnelly

Answer 5

Must be legally possible - if the accused receives legal title or property is returned to owner and later sold they cannot be charged with receiving.

Even if the receiver may know that the property had previously been stolen or dishonestly obtained.

Question 6

Any Stolen property

Answer 6

Real and personal property, any estate or interest in real and personal property,

Question 7

Theft Stealing

Answer 7

Theft is committed by a taking when the offender moves the property or causes it to be moved

Question 8

OR obtained by any other imprisonable offence.

Answer 8

Obtains by deception, money obtained from sales of drugs (obtained by another imprisonable offence)

Question 9

R V Lucinsky

Answer 9

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

Question 10

Knowing at the time of the recieving that property to have been stolen or so obtained OR

Answer 10

Knowing - Simister & Brookbanks - Knowing or correctly believing- the defendant may believe something wrongly but cannot know something is false

Question 11

R V Kennedy

Answer 11

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

Question 12

Being reckless as to whether or not the property had been stolen or so obtained

Answer 12

Reckless as to whether they deliberatly took an unjustified risk

Question 13

R V Cameron - Recklessness

Answer 13

Recklessness is established if:

(a) the defendant recognized that there was a real possibility that their actions would bring about the proscribed result and/or that the proscribed circumstances existed and
(b) having regard to that risk those actions were unreasonable.