Receiving

Question 1

Receives, Section/elements?

Answer 1

Section 246(1),CA1961

-Receives
-any property stolen, or
-obtained by any other imprisonable offence
-knowing the property to have been stolen or so obtained or
-being reckless as to wether or not the property had been stolen or obtained.

Question 2

Section 247, penalties for receiving?

Answer 2

Value over $1000- 7 years
Value over $500- 1 year
Value under $500- 3 months

Question 3

3 elements of receiving?

Answer 3

Property that’s been stolen or obtained by imprisonable offence

Received the property from another person

Received with knowledge it’s stolen or illegally obtained or being reckless as to that possibility

Question 4

When is the act of receiving complete, section?

Answer 4

S246(3)CA1961

When the offender has taken possession or control over the property or helps in concealing or disposing of the property.

Question 5

Possession for receiving case law?

Answer 5

Cullen v R

A) awareness the item is where it is
B)awareness the items been stolen
C) actual or potential control of the item
D)intention to exercise control over the item

Question 6

Explain ‘control over property’?

Answer 6

It must be proven the receiver has control over the property. Where property is found at a place, it must be proved the receiver arranged for the property to be taken there or on discovery intended to exercise control.

Question 7

R v Lucinsky?

Answer 7

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

Question 8

Define Title?

Answer 8

A right or claim to ownership of property.The legal right to possess the property.

Question 9

Explain voidable Title?

Answer 9

Title obtained by deception is referred as voidable title.

This means title can be voided by the seller. Until the title is voided the offender has title to the property and is able to confer this title onto anyone who subsequently acquires the property in good faith.

Meaning a person buying property that was obtained by deception has acquired good title to that property.

Question 10

How to void title?

Answer 10

The complainant must bring a civil claim to the disputes tribunal.

Question 11

Section 246(4)?

Answer 11

Property no longer deemed stolen, meaning legal title has been acquired, cannot be received.

Question 12

Knowing the property has been stolen case law?

Answer 12

R v Kennedy
Guilty knowledge the thing has been stolen or dishonestly obtained must exist at the time of receiving.

Question 13

Circumstantial evidence of guilty knowledge?

Answer 13

-possession of recently stolen property
-nature of property,ie value,quantity
-purchase at gross undervalue
-secrecy in receiving
-receipt of goods at unusual place/time
-lack of original packaging
-steps to disguise property