When is receiving complete? state the act and section it is found under.
As soon as the offender has, either exlusively or jointly with the thief or any other person, possession of or control over the property or helps in concealing or disposing of the property.
Explain what constructive possession is and support your answer with case.
Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.
Sullivan v Earl of Caithness
Possession includes ‘not merely those who have physical custody of firearms, but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at another location.
Give as many examples as you can in relation to circumstantial evidence that is commonly used to establish guilty knowledge in relation to receiving stolen property.
- possession of property recently stolen
- Nature of the property (type, value, quantity)
- Purchase at gross undervalue
- Secrecy in receivng the property
- removal of identifying features
- lack of original packaging
- mode of payment
- type of person goods received from
Explain the difference between being an accessory after the fact and a receiver in relation to intent.
AATF - prosecution must prove that possession of the property was obtained for the specific purpose of assisting the thief to evade justice.
Receiving- property is received with guilty knowledge or recklessness but it is not necessary to prove the receivers specific intent
Discuss the case law R v Lucinsky as it relates to receiving. Give an example.
The property received must be the property stolen or illegally obtained by a crime or part of the property and not some other item for which the illegally obtained property had been exchanged or which are proceeds.
List the ingredients of receiving.
S246(1) CA61
- Receives stolen property or obtained by another imprisonable offence
- knowing that property to have been stolen or so obtained or being reckless as to whether or not the property had been stolen of so obtained.
define ‘Ideal possession’
Ideal Possession:
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- Complete physical control over it
- Knowledge of its existence, its situation and its qualities
Warner vs Metropolitan Police Commissioner
Define ‘Property’
Property:
Property includes real and personal property, and includes any estate or interest in any real or personal property, money, electricity and any debt and anything in action and any other right of interest.
S2 CA61
Punishment for a charge of receiving
3 months/ 1 year/ 7 years
R v Kennedy
R v Kennedy:
A guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.
Define ‘knowing’
Knowing:
Knowing means “correctly believing”… the defendant may believe something wrongly, but cannot “know” something that is false.
Simester and Brookbanks: Principals of Criminal Law
What is the concept of ‘Tittle’
Tittle means a right or claim to the ownership of property.
In order to avoid Title what must be completed?
- Communicating directly with the offender
- taking all reasonable and possible steps to bring it to the deceivers notice, e.g sending a letter or email
- advising police of the circumstances of the deception
