Receiving (Section 246 Crimes Act 1961)

Charge 1: Receiving under section 246 of the Crimes Act 1961

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that each element is proved.

1.	Are you sure that the suitcase was stolen [or obtained by another imprisonable offence] before Mr Smith received it?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that the value of the suitcase was $500 or less?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith had possession of the suitcase?
	To have possession of the suitcase, Mr Smith must: (a) Have been aware of where the suitcase was; (b) Have been aware that the item was a suitcase; (c) Have had control over the suitcase either through personal or shared custody or by having the ability to direct another who had personal custody; and (d) Have intended to exercise personal or shared control over the suitcase. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that at the time of receiving the suitcase, Mr Smith knew that it was stolen [or obtained by another imprisonable offence] or was reckless as to whether it was stolen [or obtained by another imprisonable offence]?
	“Reckless” means that Mr Smith recognised that there was a real possibility that the suitcase was stolen [or obtained by another imprisonable offence] and that, having regard to that possibility, Mr Smith’s actions were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.