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Flashcards in Recieving Stolen Property Deck (6)
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Define Receiving stolen Property

Everyone is guilty of receiving who receives any property stolen or obtained by any other imprisonable offence, knowing that that property to have been stolen or so obtained, or being reckless as to whether or not the property had be stolen or so obtained.


What are the elements to Receiving Stolen Property?

Any property stolen OR Any property obtained by an imprisonable 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.


What is guilty knowledge?

Guilty knowledge on the part of the receiver is an essential element for the offence and can be proven by:
Direct evidence, for example given by the thief OR
Circumstantial evidence, like purchasing at gross undervalue,
Suspicious circumstances,
The nature or amount of the property,
The property was concealed,
They deny owning the property,
Their general conduct when asked about the property.


What is an example of guilty knowledge?

Person A received property for 10% of what the property was actually worth from a dodgy man in a park, the property was then kept in his garage under a sheet.


When is receiving not committed? 2 ways.

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

If someone converts property, or uses fraudulent means to obtain the property from another, that person has a good buy ‘voidable’ title to the property. This means that the person can be charged with fraud (obtaining by deception).


Explain the doctrine of recent possession

If a person is to be found in possession of something recently stolen, this is sufficient evidence to find the person a thief or dishonest receiver. The possession alone is received by the courts that the person was either the thief or the receiver. It puts the onus on the person found in possession of the property to give an explanation for having it.