Recieving

Question 1

Receiving

Section, penalty, 3 elements

Answer 1

Receiving S246(1)
Property exceeds $1000 = 7 years
Property $500-$1000 = 1 year
Property under $500 = 3 months

• Receives
• Any stolen property OR obtained by any other imprisonable offence
• Knowing that at the time of receiving the property that it had been stolen or being reckless as to whether or not the property had been stolen or so obtained

Question 2

Receives

Answer 2

Property stolen / obtained by imprisonable offence
Defendant has “received” the property which requires that the receiving must be from another

Received with knowledge that it has been stolen or illegally obtained or reckless to that possibility

Act is complete as soon the offender has either obtained possession or control over or helps in its concealing or disposing of the property

R v Cox - Possession - Two elements. Physical = Actual or potential custody and control. Mental = knowledge and intention. Knowledge of possession, intention to exercise possession.

R v Cullen - 4 elements of possession for receiving
- Awareness that the item is where it is
- Awareness that the item has been stolen
- Actual or potential control of the item and
- An intention to exercise that control over the time

R v Donnelly - The offence must be legally possible Where stolen property has been returned to its owner or legal title acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained.

Question 3

Any stolen property OR obtained by any other imprisonable offence

Answer 3

Property - s2 ca 1961 - any real or personal property and any estate or any interest in any real or personal property.

Theft stealing S 219 ca 1961 - theft is committed by a taking when the offender moves the property or causes it to be moved.

Obtained by any other imprisonable offence:
S240 obtain by deception, money obtain from sale of drugs (obtained by another imprisonable offence).

R v Lucinsky - Property
The property received must be the property stolen or illegally obtained (or part of) and not some other item for which the illegally obtained property had been exchanged or which are the proceeds.

Question 4

Knowing that at the time of receiving the property that it had been stolen or being reckless as to whether or not the property had been stolen or so obtained

Answer 4

Knowing - Simester and brookbanks - knowing or correctly believing - the defendant may believe something wrongly but cannot know something that is false.

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

R v Cameron - Recklessness

Reckless as to whether…
Deliberately took an unjustified risk

The defendant recognized real possibility that:
- Actions would bring about proscribed result
- Circumstances existed
- AND having regard to those risks, actions were unreasonable.