Receiving Stolen Property

Question 0

In receiving what form must the property be in?

Answer 0

The property must be all or part of the original property dishonestly obtained.

For example: A thief steals a $10 note. He then cuts it in half to this friend, telling him it has been stolen. Result: The friend has received part of the original property. He is criminally liable for receiving.

Question 1

What are the ingredients for Receiving?

Answer 1

• Receives
• Any property stolen OR Any property obtained by any other imprisonable offence
• Knowing that property to have been stolen or so obtained OR being reckless as to whether the propert had been stolen or so obtained

Question 2

How can guilty knowlege be proved for receiving?

Answer 2

• Direct evidence
  
  • eg evidence given by the actual theif
• Circumstantial evidence
  
  • eg the receiver purchased the property at gross undervalue

Question 3

When is a receiving charge not possible?

Answer 3

If property dishonestly obtained is effectively under the control of the owner or the police (who have recovered it) a third party who takes the property is not guilty of receiving.

Question 4

What is Doctrine of recent 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.