Receiving

Question 1

Elements of receiving

Answer 1

Receives

Any property stolen
Or
Any property obtained by any other imprisononable 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

Question 2

When is receiving complete

Answer 2

As soon as the officer has possession of or control over the property or helps in concealing/bidding or disposing of the property- either exclusively or jointly with the thief or any other person.

Question 3

Guilty knowledge

Answer 3

Direct - evidence- admissions, or evidence given by theif.

Circumstantial- eveidence-
-The receiver purchased the property at gross undervalue.
-There are suspicious circumstances around the acquisition of the property.
- The nature or amount of the property causes suspicion.
-The receiver falsely denies having possession.
- The receiver concealed the property so that it could not be found.
- The receivers general conduct in relation to property.

Question 4

Doctrine of resent possession

Answer 4

If a person is found in possession of property that has recently been stolen, this is sufficient evidence to justify a finding that the possessor is either the thief or a dishonest receiver.
Accepted by the courts as circumstantial evidence, that the person either stole the property or received it from the thief.