Examples of circumstantial evidence of Guilty Knowledge (know 6)
- Possession of recently stolen property
- Nature of the property (type, value, quantity)
- Purchase at a gross undervalue
- Secrecy in receiving the property
- Receipt of goods at an unusual place, time or way
- Concealment of property to avoid discovery
- Removal of indentifying marks or features
- Steps taken to disguise property (removal or alteration or serial numbers, painting)
- Lack of original packaging
- Types of person goods received from
- Mode of payment
- Absence of receipt where receipt would normally be issued
- False statements as to source of goods or date of acquisition
- Nature of explanation given (false or inconsistent, no reasonable explanation)
- False denial of knowledge or existence
What are the elements of receiving
- Act of receiving
- Any property stolen, OR obtained by any other imprisonable offence
- Knowing that at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence, OR being reckless as to whether or not the property had been stolen or obtained
What three elements are required to satisfy the act of receiving
- There must be property which has been stolen or has been obtained by an imprisonable offence
- The defendant must have received the property from another person
- The defendant must have guilty knowledge that the property is stolen or illegally obtained or being reckless as to that possibility
When is the act of receiving complete?
- The act of receiving any property stolen or obtained by any imprisonable offence is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, control over, the property or helps in concealing or disposing of the property
- If there is guilty knowledge at the point that the act of receiving is complete, then the offence of receiving has been committed
What are the rules in relation to the receiver’s agent or servant having possession of the property?
Control of property may still be exercised by a receiver when the property is in possession of the receiver’s agent or servant, however the exercise of such control must be intentional.
What is the ‘Doctrine of Recent Possession’
- The doctrine of recent possession allows for proof of theft or receiving by way of circumstantial evidence. 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
- The doctrine applies only if the thief is found in possession of property recently stolen or dishonestly obtained
- The doctrine does not apply to concealing or disposing of property
What was held in R v Donnelly in relation to being legally possible
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 has previously been stolen or dishonestly obtained.
What must be proven in relation to control over property at a place?
Where property is located at a place over which the receiver has control, the prosecution must prove that the receiver arranged for the property to be delivered there or that on discovering the property, they intentionally exercised control over it. The intent to possess the property must be satisfied.
