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7 Cards in this Set

  • Front
  • Back

Elements of Receiving

1. Receives


2. Any property stolen


OR


Any property obtained by any other imprisonable offence


3. Knowing that property to have been stolen or so obtained


OR


Being reckless as to whether the property had been stolen or so obtained.

Define ‘Receives’

Exclusively or jointly with the thief or another person, has possession or control over anything unlawfully obtained or helps in its concealment or disposal.

Define ‘Any property stolen’

Anything tangible or intangible, that is the property of any person, has value and has been stolen.

Define ‘Any property obtained by any other imprisonable offence’

Anything tangible or intangible, that is the property of another, has value and has been obtained by an imprisonable offence other than theft.

Define ‘Knowing that property to have been stolen or so obtained’

Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.

Define ‘Being reckless as to whether the property had been stolen or so obtained’

Receives the property, despite the person consciously taking an unreasonable risk the property might be stolen/obtained by any other imprisonable offence.

Identify the essential element of guilty knowledge and how it can be proved?

Proved by..


- Direct evidence


- Circumstantial evidence


Denies possession, Undervalued, Conceals, Conduct in relation to property, Amount/Nature of property.