4979188
Description
Flashcards by James Forgie, updated more than 1 year ago
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Created by James Forgie
over 8 years ago
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| Question | Answer |
| R v KENNEDY (intent) | The prosecution must prove an intent on the part of the receiver to possess the property. |
| R v LUCINSKY | The property received must be the property stolen or illegally obtained (or part thereof), and not some other item for which the illegally obtained property had been exchanged or which are the proceeds. |
| R v KENNEDY (guilty knowledge) | The guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving. |
| R v HARNEY (recklessness) | Recklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk. |
| R v DONNOLLY (recovered property) | Where stolen property has been physically recovered by the Police, it is legally impossible to commit the crimes of receiving or attempted receiving in respect of it, although there may be evidence of conspiring to receive property dishonestly obtained. |
| Receives (when complete) | S246(3) CA 61 The act of receiving any property stolen or obtained by another crime is complete as soon as the offender has, either exclusively or jointly with the thief or any other person possession of or control over the property or helps in the concealing or disposing of the property. |
| Property | S2 CA 61 Includes real and personal property and any estate or interest in any real or personal property, money, electricity, and any debt and any thing in action and any other right or interest. |
| Stolen | S219(1) CA 61 Dishonestly and without claim of right, takes any property with intent to deprive any owner permanently of that property or of any interest in that property. |
| Obtains | S217 CA 61 Means obtains or retains for himself/herself or for any other person. |
| Guilty Knowledge Circumstantial evidence of... | -possession of recently stolen property -nature of the property ie type, value, quantity -purchase at gross undervalue -secrecy in receiving the property -receipt of goods at an unusual place -receipt of goods at unusual time, unusual way -concealment of property -removal of identifying marks or features -type of person goods received from -steps taken to disguise the property ie removal of serial #'s etc -lack of original packaging -mode of payment -absence of receipt |
| Value | Value is essential to the sentence as per S247 CA 61 |
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