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Handling Stolen Goods - Coggle Diagram
Handling Stolen Goods
Criticism
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Exception to the rule of evidence, s27 Theft Act 1968
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Encourages people to surrender stolen goods and return them to their rightful owners out of fear of conviction of retention
Actus Reus
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Stolen
Even if D has erroneous belief that goods are stolen, the goods must actually be stolen at time of handling to fulfill AR
Haughton v Smith
D transported van with stolen corned beef, was stopped by police. Police hid in van with the goods to find receiver. Even though D believed he was transporting stolen goods, goods were no longer stolen once police had it in custody.
Goods and their proceeds
Example: Stealing a phone and selling it for $100, both the phone and the $100 is stolen. Second buyer sells phone for $150. Phone is still stolen goods, but not $150.Taint is not transferred to proceeds gained by innocent buyer
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s22 Theft Act 1968
1) A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.