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Question 1

reset definition

Answer 1

The crime of taking, receiving and retaining possession of stolen goods, or being privy to the retention of stolen goods by someone else. You can be guilty either of this or theft. Not both; they are mutually exclusive.

Question 2

the accused having connived at the stolen property

Answer 2

McCawley v HM Adv 1959 SCCR Sup 3
Facts: Driving around in a car that you know to be stolen. This is an example of conniving.

Question 3

mens rea

Answer 3

knowledge is required. suspicion alone isn’t enough to satisfy the mens rea. Willful blindness also exists though.

Question 4

willful blindless

Answer 4

Latta v Herron (1967) SCCR Supp 18
Facts: A lawyer bought 2 guns from a client at half price, and at night.
Held: If the lawyer really didn’t know, then he’d made himself willfully blind.
Significance: Willful blindness.

Question 5

incriminating circumstances

Answer 5

Forbes v HM Adv 1995 SLT 627
Facts: Accused claimed not to know that a large parcel containing a painting worth lots of money was in the back of his car.
Held: This incriminating situation, along with his awkward explanation was enough to establish that he had knowledge.