Liabilities - Recieving

Question 1

Define the ingredient ‘Recieves’.

Answer 1

• Either exclusively or jointly with the thief or any other person
• has possession or control over anything unlawfully obtained
• or helps in it’s concealment or disposal.

Question 2

Define the ingredient ‘Any property stolen’.

Answer 2

• Anything whatsoever, whether tangible or intangible
• that is the property of any person
• has value and has been stolen

Question 3

Define the ingredient ‘Any property obtained by any other imprisonable offence’

Answer 3

• Anything whatsoever, whether tangible or intangible
• that is the property of any person, has value
• and has been obtained by an imprisonable
• other than theft

Question 4

Discuss the ingredient ‘Knowing that property to have been stolen or so obtained’

Answer 4

• Knowledge at the time of recieving
• that the property had been stolen
• or obtained by any other imprisonable offence.

Question 5

Discuss the ingredient ‘Being reckless as to whether the property had been stolen or so obtained’

Answer 5

• Receives the property,
• despite their being circumstances
• that indicate the property might be
• stolen or obtained by any other
• imprisonable offence

Question 6

Give three examples of ‘Guilty Knowledge’

Answer 6

• Receiver purchased the property at a gross undervalue
• The nature or amount of the property is suspicious
• The receiver concealed the property so it could not be found

Question 7

Explain the ‘Doctrine of Recent Possesion’

Answer 7

• If a person is found in possession of property that has been recently stolen, this is sufficient evidence that the possessor is either the thief or dishonest reciever.
• Onus is on the person found in possession to provide an explanation for having it

Question 8

Explain when ‘Receiving’ cannot be committed. (Donnelly Case)

Answer 8

• If property dishonestly obtained is effectively under the control of the owner or the police, a third party who takes the property is not guilty of recieving. (Think Bait)
• If property is obtained by fraud and gives it to a third person, that person cannot be charged with recieving.

Question 9

List the Ingredients for the offence of ‘Recieving’.

Answer 9

• Receives
• any property stolen
  OR
• any property obtained by any other imprisonable offence
• Knowing that property to have been stolen or so obtained
  OR
• Being reckless as to whether the property had been stolen or so obtained