SlideShare ist ein Scribd-Unternehmen logo
1 von 30
Downloaden Sie, um offline zu lesen
Receiving Stolen Property
Criminal Law LLB104B
Norhakimah binti Seman @ Abdullah
Introduction
HELP LLB 104
2
Refer to s 411 – defined offence of
receiving stolen property.
AR: receiving or retaining stolen
property
MR: 2 aspects
• knowing or having reason to believe that the
property was stolen and
• being dishonest
The accused can be convicted even if the person
who stolen the property is never caught and there
is no need to prove that the accused was aware of
the original offender’s identity.
However, the prosecution MUST prove that the
property is stolen – section 410.
HELP LLB 104 3
Ajendranath
v State of
Madhya
Pradesh
(1964)
• Some woolen shawls, mufflers and bed sheets
dispatched by rail were found missing. Soon after,
the police found the appellant and a few others.
• The appellant told the police where the stolen
property was, and recoveries were made.
• 6 persons were convicted by the magistrate inter
alia, concealment of stolen property.
HELP LLB 104 4
• The question arose as to whether the appellants could be convicted of
receiving stolen property if the property was not proved to be stolen
property?
• Held: it is not necessary for a person to be convicted under s 414, that
another person must be traced out and convicted of an offence of
committing theft. The prosecution has simply to establish that the
property recovered is stolen property and that the appellant provided
help in its concealment and disposal.
AR: Receipt or
retention
 S 411 embraces people who receive or
retain property which they know or have
reason to believe to have been stolen.
 The word retain ensures the conviction of
people who initially receive goods without
inkling that they have been stolen, but
later find out the truth and decide to hold
on them.
 In practice, it is easier to prove retention
rather than receipt.
HELP LLB 104 6
Definition of stolen property
• Refer to s 410 of the PC. Its cover the property that has been
stolen, extorted, robbed or which has been obtained by
criminal misappropriation, criminal breach of trust or
cheating.
• However, the receiving or retention must within Malaysia. If
the theft is committed in Malaysia and the accused was found
in possession of stolen property outside Malaysia, he cannot
be charged under s 411.
HELP LLB 104 8
In considering whether there has
been retention or receipt, the
courts ask whether the accused
was in possession of the goods.
Possession is a question of fact and
is dependent on factual context
and the degree of control that a
person exercises over the property.
Varia & Anor v PP
(1948)
 In this case the two appellants were convicted of
dishonestly retaining flour knowing the same to be
stolen property contrary to section 411 of the
Penal Code.
 The two appellants were found on the deck of a
tongkang in which the Police found 13 bags of
flour in circumstances which indicated that they
were intended to be concealed. Both appellants
were members of the crew of the tongkang and it
was proved that it was customary, when the
tongkang was in the river unladen, for members of
the crew to sleep ashore at their respective
homes.
9
 Held, that in order to support a conviction
under section 411 of the Penal Code proof
of possession is essential and as there was
no such proof in this case the convictions
must be quashed
 * therefore, simply being in a place
where stolen property is found will not
be sufficient.
10
PP v Kasmin
bin Soeb
(1974)
 This was an appeal against the order of a
magistrate acquitting the accused under s
411 of the Penal Code wherein he was
alleged to have dishonestly retained stolen
property to wit, one Honda generator,
valued at $300, knowing or having reason to
believe the same to be stolen property.
 The only evidence adduced connecting the
accused with the crime was the fact that
about 3 days after the property was stolen,
he led the police to the place where the
property was recovered.
HELP LLB 104 11
 Held: the mere evidence of leading the
police to a spot, even if hidden, falls short
of proving retention.
 *the fact that the accused able to show
police where stolen items are being
stored is not proof that he or she
received or retained those goods.
12
Albakhar v PP
(1960)
• This was an appeal against the conviction of
the appellant on a charge of dishonestly
retaining stolen property to wit, orchid
plants.
• The only evidence of possession of the
orchids which were proved to be stolen
property against the appellant was that they
were found in a house which the appellant
occupied with the other members of his
family. There was no evidence to show how
they got there or when or by whom they
were taken.
HELP LLB 104 13
 Held: the evidence was insufficient to show
that the appellant had possession of the
stolen property and he should not have been
called upon to enter upon his defence.
 *there needed to be some evidence to
indicate his personal involvement as
opposed to that of any one of the other
inhabitants.
HELP LLB 104 14
Goh Peng
Meng v PP
(1948)
 In this case the appellant had been
convicted together with another
person for dishonestly retaining
stolen property.
 The evidence showed that the Police
after forcing their way to a house at
night found the stolen property in the
house. The appellant and the other
person were also found in the house
hiding in the roof above the room
where the goods were located.
HELP LLB 104 15
 One of the grounds of appeal was that the
prosecution had failed to prove that the property
was in the exclusive possession of the appellant.
 Held: In this case the surrounding circumstances
were sufficient to show that the appellant and
the other person were in joint possession of the
property found and therefore the appeal must
be dismissed.
 * there is no need to prove exclusive
possession, joint possession suffice provided
the accused is proved to have exercise sufficient
degree of control.
HELP LLB 104 16
Mens rea
• There are 2 aspects to the mens rea
– dishonesty and knowing or having
reason to believe that the property
was stolen.
• A failure to prove knowledge or
reason to believe is fatal to the case.
• Knowledge is the highest degree of
speculative faculty and consists of
the perception of the truth of the
affirmative or negative proposition.
HELP LLB 104 17
Reason to
believe
18
HELP LLB 104
2 important points emerge:
The test is whether the accused had reason to believe,
not merely to suspect that the goods were stolen.
Refer to s 26 – if he has sufficient
cause to believe that thing but
not otherwise.
Tan Ser Juay v
PP (1972)
• The appellant was convicted of voluntarily
assisting in the disposal of stolen property, to
wit, 400 watches knowing or having reason
to believe that they were stolen property.
• The appellant was, by occupation, a broker,
and he was asked to arrange for the sale of
these watches which were new, without the
relevant certificate from the seller who
admitted the theft.
HELP LLB 104 19
HELP
LLB
104
2. A person has a reason to believe
something if ‘he’ has sufficient cause to
believe it.
 The use or word ‘he’ injects an important
element of subjectivity.
 However, dicta in some cases seem to
treat s 26 entirely subjective like in the
case of Ahmad bin Ishak v PP (1974).
21
Knowledge
 There is often no evidence as to who hid
the stolen property.
 Mere knowledge of the whereabouts of
the stolen property may not be sufficient
to implicate a person when other
inferences may be drawn.
 However, if the accused is the only one
who knows where the stolen property is
hidden, such exclusive knowledge may
point to the fact that he was the one who
kept them there and was in control and
conscious possession of them.
HELP LLB 104 22
Moti Lal v State AIR (1959)
 The accused was convicted under s 411 for being found in possession of
stolen articles inter alia, utensils and silver ornaments.
 The utensils were kept in a hidden place and according to the evidence,
other persons who were asked to take out the utensils from the sota
failed, it was the accused who went and brought the utensils out.
 It was therefore, within his exclusive knowledge as to where the
utensils were kept.
 From this facts of knowledge, an inference can be drawn under s 114 of
the Evidence Act (presumption of recent possession) that he had
knowledge because he kept them there and he had control over those
articles and had the conscious possession of them.
Presumption of
recent
possession
• In most cases of receiving and
retaining stolen property there is no
direct proof that the accused is
receiving stolen property.
• However, an inference may be
drawn from the fact of recent
possession, in the abscene of
reasonable explanation.
• This presumption is contained in s
114 of the Evidence Act.
HELP LLB 104 24
S 114 of the Evidence Act
 The court may presume the existence of any fact which it thinks likely to have
happened, regard being had to the common course of natural events, human
conduct, and public and private business, in their relation to the facts of the
particular case.
Illustrations
 The court may presume—
 (a) that a man who is in possession of stolen goods soon after the theft is either the
thief or has received the goods knowing them to be stolen, unless he can account
for his possession;
HELP LLB 104 25
• This section creates a presumption which may apply unless the accused
can ‘account for his possession’.
• The doctrine of recent possession, still requires the prosecution to prove
the accused’s guilt beyond reasonable doubt.
• If the accused is able to raise a ‘genuine and reasonable doubt’ that he
or she had no knowledge that the goods were stolen property, the
accused has rebutted the presumption.
HELP LLB 104 26
PP v Sam
Kim Kai
(1960)
HELP LLB 104 27
The respondent was charged with
dishonestly retaining stolen property
contrary to the provisions of section
411 of the Penal Code.
He was found wearing a wristwatch
which was conclusively identified as the
property of the complainant, and which
was stolen from the complainant's
premises a few months before.
• The respondent was the next-door neighbour of the
complainant. At his trial before the learned President of
the Sessions Court, the respondent gave evidence that
he had purchased the watch from a friend named Ah
Seok for $20 about three months earlier.
• He failed however to produce Ah Seok as a witness at his
trial. The respondent also said that he borrowed money
to buy the watch from his sister, and this evidence was
corroborated by the sister. The learned President
acquitted the respondent.
• On appeal by the learned Deputy Public Prosecutor on
the ground that the learned President misdirected
himself in law, and as a direct result of that misdirection
placed too high a value on the respondent's story
without giving adequate and proper consideration to the
intrinsic worth of that story.
HELP LLB 104 28
• Held:
• (1) it is not sufficient, on a charge of receiving stolen
property, for the accused to give an explanation
which the court thinks may possibly be true. The
explanation must be such as to raise a genuine and
reasonable doubt as to whether the accused was
guilty. However, although the learned President
described the respondent's story as one that "could
possibly be true," it is quite clear from his judgment
as a whole that, having heard the respondent's
explanation, he came to the conclusion that the
explanation might not only possibly but reasonably
be true. There could therefore be no question of the
learned President having misdirected himself in law;
HELP LLB 104 29
• (2) it may well be that a court differently
constituted, bearing in mind that the
respondent was the next door neighbour of
the complainant and that he failed to
produce, or account for the absence of, the
witness from whom he said he had bought
the watch, would have come to a different
conclusion in this case. But the learned
President was the judge of fact, and on the
facts before him; if he was left in honest and
genuine doubt, he was perfectly entitled to
acquit the respondent.
• Appeal dismissed
HELP LLB 104 30

Weitere ähnliche Inhalte

Was ist angesagt?

Tort in wilkinson v downton
Tort in wilkinson v downtonTort in wilkinson v downton
Tort in wilkinson v downtonQuincy Kiptoo
 
Offences against the State under Indian Penal Code
Offences against the State under Indian Penal CodeOffences against the State under Indian Penal Code
Offences against the State under Indian Penal CodeSwasti Chaturvedi
 
Relevancy of evidence under Section 7 of Evidence Act 1950
Relevancy of evidence under Section 7 of Evidence Act 1950Relevancy of evidence under Section 7 of Evidence Act 1950
Relevancy of evidence under Section 7 of Evidence Act 1950Intan Muhammad
 
Non fatal offences - criminal force
Non fatal offences - criminal forceNon fatal offences - criminal force
Non fatal offences - criminal forceAzrin Hafiz
 
Criminal Law II - General Defences (Part 2)
Criminal Law II - General Defences (Part 2)Criminal Law II - General Defences (Part 2)
Criminal Law II - General Defences (Part 2)intnmsrh
 
Warrants in India
Warrants in IndiaWarrants in India
Warrants in Indiaaruagrawal
 
Extortion
Extortion Extortion
Extortion Snj SNj
 
Topic 9. Sale of immovable property
Topic 9. Sale of immovable propertyTopic 9. Sale of immovable property
Topic 9. Sale of immovable propertyGagan
 
Defence of necessity
Defence of necessityDefence of necessity
Defence of necessityMiz Belle
 
Enforcement of judgements and orders
Enforcement of judgements and ordersEnforcement of judgements and orders
Enforcement of judgements and ordersilyana iskandar
 
Admission Sec.17 to 23 Indian Evidence Act
Admission Sec.17 to 23 Indian Evidence Act  Admission Sec.17 to 23 Indian Evidence Act
Admission Sec.17 to 23 Indian Evidence Act RohitPathak89
 

Was ist angesagt? (20)

Tort in wilkinson v downton
Tort in wilkinson v downtonTort in wilkinson v downton
Tort in wilkinson v downton
 
tulk v moxhay
tulk v moxhaytulk v moxhay
tulk v moxhay
 
Offences against the State under Indian Penal Code
Offences against the State under Indian Penal CodeOffences against the State under Indian Penal Code
Offences against the State under Indian Penal Code
 
Crpc ppt final sindu
Crpc ppt final sinduCrpc ppt final sindu
Crpc ppt final sindu
 
Charitable trust
Charitable trust Charitable trust
Charitable trust
 
Confession an overview
Confession an overviewConfession an overview
Confession an overview
 
Relevancy of evidence under Section 7 of Evidence Act 1950
Relevancy of evidence under Section 7 of Evidence Act 1950Relevancy of evidence under Section 7 of Evidence Act 1950
Relevancy of evidence under Section 7 of Evidence Act 1950
 
Presumption as to documents
Presumption as to documentsPresumption as to documents
Presumption as to documents
 
Non fatal offences - criminal force
Non fatal offences - criminal forceNon fatal offences - criminal force
Non fatal offences - criminal force
 
Criminal Law II - General Defences (Part 2)
Criminal Law II - General Defences (Part 2)Criminal Law II - General Defences (Part 2)
Criminal Law II - General Defences (Part 2)
 
Warrants in India
Warrants in IndiaWarrants in India
Warrants in India
 
Extortion
Extortion Extortion
Extortion
 
Dfghcont
DfghcontDfghcont
Dfghcont
 
(2) hearsay evidence
(2) hearsay evidence(2) hearsay evidence
(2) hearsay evidence
 
LAND LAW CASES
LAND LAW CASESLAND LAW CASES
LAND LAW CASES
 
Topic 9. Sale of immovable property
Topic 9. Sale of immovable propertyTopic 9. Sale of immovable property
Topic 9. Sale of immovable property
 
past year attempt
past year attemptpast year attempt
past year attempt
 
Defence of necessity
Defence of necessityDefence of necessity
Defence of necessity
 
Enforcement of judgements and orders
Enforcement of judgements and ordersEnforcement of judgements and orders
Enforcement of judgements and orders
 
Admission Sec.17 to 23 Indian Evidence Act
Admission Sec.17 to 23 Indian Evidence Act  Admission Sec.17 to 23 Indian Evidence Act
Admission Sec.17 to 23 Indian Evidence Act
 

Ähnlich wie 4. RECEIVING STOLEN PROPERTY.pptx

People v. McCabe Case Brief
People v. McCabe Case BriefPeople v. McCabe Case Brief
People v. McCabe Case BriefJon Dav
 
Lesson12 Search and Search Warrants.pptx
Lesson12  Search and Search Warrants.pptxLesson12  Search and Search Warrants.pptx
Lesson12 Search and Search Warrants.pptxadnis1
 
Constitutional Issues - Chapter 9
Constitutional Issues - Chapter 9Constitutional Issues - Chapter 9
Constitutional Issues - Chapter 9mpalaro
 
Article iii section 2
Article iii section 2Article iii section 2
Article iii section 2Leizel Despi
 
196837202 cases-rule-126
196837202 cases-rule-126196837202 cases-rule-126
196837202 cases-rule-126homeworkping3
 
(10) stolen property
(10) stolen property(10) stolen property
(10) stolen propertyFAROUQ
 
Module #11 Arrest Search & Seizure.pdf
Module #11 Arrest Search & Seizure.pdfModule #11 Arrest Search & Seizure.pdf
Module #11 Arrest Search & Seizure.pdfShaniBowe
 
Constitutional Issues - Chapter 7
Constitutional Issues - Chapter 7Constitutional Issues - Chapter 7
Constitutional Issues - Chapter 7mpalaro
 
7. CONSPIRACY.pptx
7. CONSPIRACY.pptx7. CONSPIRACY.pptx
7. CONSPIRACY.pptxPhuyalVijay
 
Fourth amendment
Fourth amendmentFourth amendment
Fourth amendmentbayotr
 
Arrest: Shaaban & Ors v Chong Fook Kam & Anor
Arrest: Shaaban & Ors v Chong Fook Kam & Anor Arrest: Shaaban & Ors v Chong Fook Kam & Anor
Arrest: Shaaban & Ors v Chong Fook Kam & Anor Latifah Rabbaaniah
 
Introduction to 4th search and seizure Arkansas
Introduction to 4th search and seizure ArkansasIntroduction to 4th search and seizure Arkansas
Introduction to 4th search and seizure ArkansasClay Smith
 
Constitutional law unit 3
Constitutional law unit 3Constitutional law unit 3
Constitutional law unit 3Mike Wilkie
 
Constitutional law unit 3
Constitutional law unit 3Constitutional law unit 3
Constitutional law unit 3Mike Wilkie
 
The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...
The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...
The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...Michael DeBlis III, Esq., LLM
 
Searches (Criminal procedure in Kenya)
Searches (Criminal procedure in Kenya)Searches (Criminal procedure in Kenya)
Searches (Criminal procedure in Kenya)Quincy Kiptoo
 

Ähnlich wie 4. RECEIVING STOLEN PROPERTY.pptx (20)

People v. McCabe Case Brief
People v. McCabe Case BriefPeople v. McCabe Case Brief
People v. McCabe Case Brief
 
Lesson12 Search and Search Warrants.pptx
Lesson12  Search and Search Warrants.pptxLesson12  Search and Search Warrants.pptx
Lesson12 Search and Search Warrants.pptx
 
Constitutional Issues - Chapter 9
Constitutional Issues - Chapter 9Constitutional Issues - Chapter 9
Constitutional Issues - Chapter 9
 
Article iii section 2
Article iii section 2Article iii section 2
Article iii section 2
 
Fourth Amendment notes
Fourth Amendment notesFourth Amendment notes
Fourth Amendment notes
 
196837202 cases-rule-126
196837202 cases-rule-126196837202 cases-rule-126
196837202 cases-rule-126
 
(10) stolen property
(10) stolen property(10) stolen property
(10) stolen property
 
Module #11 Arrest Search & Seizure.pdf
Module #11 Arrest Search & Seizure.pdfModule #11 Arrest Search & Seizure.pdf
Module #11 Arrest Search & Seizure.pdf
 
Constitutional Issues - Chapter 7
Constitutional Issues - Chapter 7Constitutional Issues - Chapter 7
Constitutional Issues - Chapter 7
 
7. CONSPIRACY.pptx
7. CONSPIRACY.pptx7. CONSPIRACY.pptx
7. CONSPIRACY.pptx
 
Fourth amendment
Fourth amendmentFourth amendment
Fourth amendment
 
Arrest: Shaaban & Ors v Chong Fook Kam & Anor
Arrest: Shaaban & Ors v Chong Fook Kam & Anor Arrest: Shaaban & Ors v Chong Fook Kam & Anor
Arrest: Shaaban & Ors v Chong Fook Kam & Anor
 
Kplainview
KplainviewKplainview
Kplainview
 
CASE ANALYSIS .docx
CASE ANALYSIS                                                     .docxCASE ANALYSIS                                                     .docx
CASE ANALYSIS .docx
 
Introduction to 4th search and seizure Arkansas
Introduction to 4th search and seizure ArkansasIntroduction to 4th search and seizure Arkansas
Introduction to 4th search and seizure Arkansas
 
Constitutional law unit 3
Constitutional law unit 3Constitutional law unit 3
Constitutional law unit 3
 
Constitutional law unit 3
Constitutional law unit 3Constitutional law unit 3
Constitutional law unit 3
 
The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...
The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...
The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...
 
Searches (Criminal procedure in Kenya)
Searches (Criminal procedure in Kenya)Searches (Criminal procedure in Kenya)
Searches (Criminal procedure in Kenya)
 
(6) section 9
(6) section 9(6) section 9
(6) section 9
 

Mehr von PhuyalVijay

LLB408 TRADEMARK ENFORCEMENT.pptx
LLB408 TRADEMARK ENFORCEMENT.pptxLLB408 TRADEMARK ENFORCEMENT.pptx
LLB408 TRADEMARK ENFORCEMENT.pptxPhuyalVijay
 
population-control.pptx
population-control.pptxpopulation-control.pptx
population-control.pptxPhuyalVijay
 
economic-inequality.pptx
economic-inequality.pptxeconomic-inequality.pptx
economic-inequality.pptxPhuyalVijay
 
self-driving-cars.pptx
self-driving-cars.pptxself-driving-cars.pptx
self-driving-cars.pptxPhuyalVijay
 
mental-disorder.pptx
mental-disorder.pptxmental-disorder.pptx
mental-disorder.pptxPhuyalVijay
 
electric-cars.pptx
electric-cars.pptxelectric-cars.pptx
electric-cars.pptxPhuyalVijay
 
Hubungan Etnik.pptx
Hubungan Etnik.pptxHubungan Etnik.pptx
Hubungan Etnik.pptxPhuyalVijay
 
MPU3123_TITAS_Bab 3.pptx
MPU3123_TITAS_Bab 3.pptxMPU3123_TITAS_Bab 3.pptx
MPU3123_TITAS_Bab 3.pptxPhuyalVijay
 
psychiatricillness.pdf
psychiatricillness.pdfpsychiatricillness.pdf
psychiatricillness.pdfPhuyalVijay
 
Chapter 4 - PE.pptx
Chapter 4 - PE.pptxChapter 4 - PE.pptx
Chapter 4 - PE.pptxPhuyalVijay
 
LLB203 - LECTURE 4 - DISSOLUTION.pptx
LLB203 - LECTURE 4 - DISSOLUTION.pptxLLB203 - LECTURE 4 - DISSOLUTION.pptx
LLB203 - LECTURE 4 - DISSOLUTION.pptxPhuyalVijay
 
10. UNSOUNDNESS OF MIND.pptx
10. UNSOUNDNESS OF MIND.pptx10. UNSOUNDNESS OF MIND.pptx
10. UNSOUNDNESS OF MIND.pptxPhuyalVijay
 
5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptx
5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptx5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptx
5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptxPhuyalVijay
 
3. TORT DISTINGUISHED FROM OTHER BRANCHES OF LAW.pptx
3. TORT DISTINGUISHED FROM OTHER BRANCHES OF LAW.pptx3. TORT DISTINGUISHED FROM OTHER BRANCHES OF LAW.pptx
3. TORT DISTINGUISHED FROM OTHER BRANCHES OF LAW.pptxPhuyalVijay
 
1. OVERVIEW ON THE LAW OF TORT.pptx
1. OVERVIEW ON THE LAW OF TORT.pptx1. OVERVIEW ON THE LAW OF TORT.pptx
1. OVERVIEW ON THE LAW OF TORT.pptxPhuyalVijay
 

Mehr von PhuyalVijay (20)

LLB408 TRADEMARK ENFORCEMENT.pptx
LLB408 TRADEMARK ENFORCEMENT.pptxLLB408 TRADEMARK ENFORCEMENT.pptx
LLB408 TRADEMARK ENFORCEMENT.pptx
 
population-control.pptx
population-control.pptxpopulation-control.pptx
population-control.pptx
 
economic-inequality.pptx
economic-inequality.pptxeconomic-inequality.pptx
economic-inequality.pptx
 
self-driving-cars.pptx
self-driving-cars.pptxself-driving-cars.pptx
self-driving-cars.pptx
 
mental-disorder.pptx
mental-disorder.pptxmental-disorder.pptx
mental-disorder.pptx
 
democracy.pptx
democracy.pptxdemocracy.pptx
democracy.pptx
 
electric-cars.pptx
electric-cars.pptxelectric-cars.pptx
electric-cars.pptx
 
Hubungan Etnik.pptx
Hubungan Etnik.pptxHubungan Etnik.pptx
Hubungan Etnik.pptx
 
MPU3123_TITAS_Bab 3.pptx
MPU3123_TITAS_Bab 3.pptxMPU3123_TITAS_Bab 3.pptx
MPU3123_TITAS_Bab 3.pptx
 
psychiatricillness.pdf
psychiatricillness.pdfpsychiatricillness.pdf
psychiatricillness.pdf
 
ITCLR.pptx
ITCLR.pptxITCLR.pptx
ITCLR.pptx
 
Chapter 4 - PE.pptx
Chapter 4 - PE.pptxChapter 4 - PE.pptx
Chapter 4 - PE.pptx
 
obesity.pptx
obesity.pptxobesity.pptx
obesity.pptx
 
LLB203 - LECTURE 4 - DISSOLUTION.pptx
LLB203 - LECTURE 4 - DISSOLUTION.pptxLLB203 - LECTURE 4 - DISSOLUTION.pptx
LLB203 - LECTURE 4 - DISSOLUTION.pptx
 
10. UNSOUNDNESS OF MIND.pptx
10. UNSOUNDNESS OF MIND.pptx10. UNSOUNDNESS OF MIND.pptx
10. UNSOUNDNESS OF MIND.pptx
 
2. ROBBERY.pptx
2. ROBBERY.pptx2. ROBBERY.pptx
2. ROBBERY.pptx
 
5. ATTEMPT.pptx
5. ATTEMPT.pptx5. ATTEMPT.pptx
5. ATTEMPT.pptx
 
5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptx
5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptx5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptx
5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptx
 
3. TORT DISTINGUISHED FROM OTHER BRANCHES OF LAW.pptx
3. TORT DISTINGUISHED FROM OTHER BRANCHES OF LAW.pptx3. TORT DISTINGUISHED FROM OTHER BRANCHES OF LAW.pptx
3. TORT DISTINGUISHED FROM OTHER BRANCHES OF LAW.pptx
 
1. OVERVIEW ON THE LAW OF TORT.pptx
1. OVERVIEW ON THE LAW OF TORT.pptx1. OVERVIEW ON THE LAW OF TORT.pptx
1. OVERVIEW ON THE LAW OF TORT.pptx
 

Kürzlich hochgeladen

CHUYÊN ĐỀ ÔN THEO CÂU CHO HỌC SINH LỚP 12 ĐỂ ĐẠT ĐIỂM 5+ THI TỐT NGHIỆP THPT ...
CHUYÊN ĐỀ ÔN THEO CÂU CHO HỌC SINH LỚP 12 ĐỂ ĐẠT ĐIỂM 5+ THI TỐT NGHIỆP THPT ...CHUYÊN ĐỀ ÔN THEO CÂU CHO HỌC SINH LỚP 12 ĐỂ ĐẠT ĐIỂM 5+ THI TỐT NGHIỆP THPT ...
CHUYÊN ĐỀ ÔN THEO CÂU CHO HỌC SINH LỚP 12 ĐỂ ĐẠT ĐIỂM 5+ THI TỐT NGHIỆP THPT ...Nguyen Thanh Tu Collection
 
6 ways Samsung’s Interactive Display powered by Android changes the classroom
6 ways Samsung’s Interactive Display powered by Android changes the classroom6 ways Samsung’s Interactive Display powered by Android changes the classroom
6 ways Samsung’s Interactive Display powered by Android changes the classroomSamsung Business USA
 
Q-Factor General Quiz-7th April 2024, Quiz Club NITW
Q-Factor General Quiz-7th April 2024, Quiz Club NITWQ-Factor General Quiz-7th April 2024, Quiz Club NITW
Q-Factor General Quiz-7th April 2024, Quiz Club NITWQuiz Club NITW
 
CLASSIFICATION OF ANTI - CANCER DRUGS.pptx
CLASSIFICATION OF ANTI - CANCER DRUGS.pptxCLASSIFICATION OF ANTI - CANCER DRUGS.pptx
CLASSIFICATION OF ANTI - CANCER DRUGS.pptxAnupam32727
 
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptx
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptxTransdisciplinary Pathways for Urban Resilience [Work in Progress].pptx
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptxinfo924062
 
Sulphonamides, mechanisms and their uses
Sulphonamides, mechanisms and their usesSulphonamides, mechanisms and their uses
Sulphonamides, mechanisms and their usesVijayaLaxmi84
 
BÀI TẬP BỔ TRỢ 4 KĨ NĂNG TIẾNG ANH LỚP 8 - CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC ...
BÀI TẬP BỔ TRỢ 4 KĨ NĂNG TIẾNG ANH LỚP 8 - CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC ...BÀI TẬP BỔ TRỢ 4 KĨ NĂNG TIẾNG ANH LỚP 8 - CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC ...
BÀI TẬP BỔ TRỢ 4 KĨ NĂNG TIẾNG ANH LỚP 8 - CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC ...Nguyen Thanh Tu Collection
 
4.11.24 Poverty and Inequality in America.pptx
4.11.24 Poverty and Inequality in America.pptx4.11.24 Poverty and Inequality in America.pptx
4.11.24 Poverty and Inequality in America.pptxmary850239
 
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...Osopher
 
Indexing Structures in Database Management system.pdf
Indexing Structures in Database Management system.pdfIndexing Structures in Database Management system.pdf
Indexing Structures in Database Management system.pdfChristalin Nelson
 
Scientific Writing :Research Discourse
Scientific  Writing :Research  DiscourseScientific  Writing :Research  Discourse
Scientific Writing :Research DiscourseAnita GoswamiGiri
 
Shark introduction Morphology and its behaviour characteristics
Shark introduction Morphology and its behaviour characteristicsShark introduction Morphology and its behaviour characteristics
Shark introduction Morphology and its behaviour characteristicsArubSultan
 
Jason Potel In Media Res Media Component
Jason Potel In Media Res Media ComponentJason Potel In Media Res Media Component
Jason Potel In Media Res Media ComponentInMediaRes1
 
4.9.24 School Desegregation in Boston.pptx
4.9.24 School Desegregation in Boston.pptx4.9.24 School Desegregation in Boston.pptx
4.9.24 School Desegregation in Boston.pptxmary850239
 
How to create _name_search function in odoo 17
How to create _name_search function in odoo 17How to create _name_search function in odoo 17
How to create _name_search function in odoo 17Celine George
 
Narcotic and Non Narcotic Analgesic..pdf
Narcotic and Non Narcotic Analgesic..pdfNarcotic and Non Narcotic Analgesic..pdf
Narcotic and Non Narcotic Analgesic..pdfPrerana Jadhav
 
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...Nguyen Thanh Tu Collection
 
16. Discovery, function and commercial uses of different PGRS.pptx
16. Discovery, function and commercial uses of different PGRS.pptx16. Discovery, function and commercial uses of different PGRS.pptx
16. Discovery, function and commercial uses of different PGRS.pptxUmeshTimilsina1
 

Kürzlich hochgeladen (20)

CHUYÊN ĐỀ ÔN THEO CÂU CHO HỌC SINH LỚP 12 ĐỂ ĐẠT ĐIỂM 5+ THI TỐT NGHIỆP THPT ...
CHUYÊN ĐỀ ÔN THEO CÂU CHO HỌC SINH LỚP 12 ĐỂ ĐẠT ĐIỂM 5+ THI TỐT NGHIỆP THPT ...CHUYÊN ĐỀ ÔN THEO CÂU CHO HỌC SINH LỚP 12 ĐỂ ĐẠT ĐIỂM 5+ THI TỐT NGHIỆP THPT ...
CHUYÊN ĐỀ ÔN THEO CÂU CHO HỌC SINH LỚP 12 ĐỂ ĐẠT ĐIỂM 5+ THI TỐT NGHIỆP THPT ...
 
Spearman's correlation,Formula,Advantages,
Spearman's correlation,Formula,Advantages,Spearman's correlation,Formula,Advantages,
Spearman's correlation,Formula,Advantages,
 
6 ways Samsung’s Interactive Display powered by Android changes the classroom
6 ways Samsung’s Interactive Display powered by Android changes the classroom6 ways Samsung’s Interactive Display powered by Android changes the classroom
6 ways Samsung’s Interactive Display powered by Android changes the classroom
 
Mattingly "AI & Prompt Design" - Introduction to Machine Learning"
Mattingly "AI & Prompt Design" - Introduction to Machine Learning"Mattingly "AI & Prompt Design" - Introduction to Machine Learning"
Mattingly "AI & Prompt Design" - Introduction to Machine Learning"
 
Q-Factor General Quiz-7th April 2024, Quiz Club NITW
Q-Factor General Quiz-7th April 2024, Quiz Club NITWQ-Factor General Quiz-7th April 2024, Quiz Club NITW
Q-Factor General Quiz-7th April 2024, Quiz Club NITW
 
CLASSIFICATION OF ANTI - CANCER DRUGS.pptx
CLASSIFICATION OF ANTI - CANCER DRUGS.pptxCLASSIFICATION OF ANTI - CANCER DRUGS.pptx
CLASSIFICATION OF ANTI - CANCER DRUGS.pptx
 
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptx
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptxTransdisciplinary Pathways for Urban Resilience [Work in Progress].pptx
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptx
 
Sulphonamides, mechanisms and their uses
Sulphonamides, mechanisms and their usesSulphonamides, mechanisms and their uses
Sulphonamides, mechanisms and their uses
 
BÀI TẬP BỔ TRỢ 4 KĨ NĂNG TIẾNG ANH LỚP 8 - CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC ...
BÀI TẬP BỔ TRỢ 4 KĨ NĂNG TIẾNG ANH LỚP 8 - CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC ...BÀI TẬP BỔ TRỢ 4 KĨ NĂNG TIẾNG ANH LỚP 8 - CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC ...
BÀI TẬP BỔ TRỢ 4 KĨ NĂNG TIẾNG ANH LỚP 8 - CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC ...
 
4.11.24 Poverty and Inequality in America.pptx
4.11.24 Poverty and Inequality in America.pptx4.11.24 Poverty and Inequality in America.pptx
4.11.24 Poverty and Inequality in America.pptx
 
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...
 
Indexing Structures in Database Management system.pdf
Indexing Structures in Database Management system.pdfIndexing Structures in Database Management system.pdf
Indexing Structures in Database Management system.pdf
 
Scientific Writing :Research Discourse
Scientific  Writing :Research  DiscourseScientific  Writing :Research  Discourse
Scientific Writing :Research Discourse
 
Shark introduction Morphology and its behaviour characteristics
Shark introduction Morphology and its behaviour characteristicsShark introduction Morphology and its behaviour characteristics
Shark introduction Morphology and its behaviour characteristics
 
Jason Potel In Media Res Media Component
Jason Potel In Media Res Media ComponentJason Potel In Media Res Media Component
Jason Potel In Media Res Media Component
 
4.9.24 School Desegregation in Boston.pptx
4.9.24 School Desegregation in Boston.pptx4.9.24 School Desegregation in Boston.pptx
4.9.24 School Desegregation in Boston.pptx
 
How to create _name_search function in odoo 17
How to create _name_search function in odoo 17How to create _name_search function in odoo 17
How to create _name_search function in odoo 17
 
Narcotic and Non Narcotic Analgesic..pdf
Narcotic and Non Narcotic Analgesic..pdfNarcotic and Non Narcotic Analgesic..pdf
Narcotic and Non Narcotic Analgesic..pdf
 
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
 
16. Discovery, function and commercial uses of different PGRS.pptx
16. Discovery, function and commercial uses of different PGRS.pptx16. Discovery, function and commercial uses of different PGRS.pptx
16. Discovery, function and commercial uses of different PGRS.pptx
 

4. RECEIVING STOLEN PROPERTY.pptx

  • 1. Receiving Stolen Property Criminal Law LLB104B Norhakimah binti Seman @ Abdullah
  • 2. Introduction HELP LLB 104 2 Refer to s 411 – defined offence of receiving stolen property. AR: receiving or retaining stolen property MR: 2 aspects • knowing or having reason to believe that the property was stolen and • being dishonest
  • 3. The accused can be convicted even if the person who stolen the property is never caught and there is no need to prove that the accused was aware of the original offender’s identity. However, the prosecution MUST prove that the property is stolen – section 410. HELP LLB 104 3
  • 4. Ajendranath v State of Madhya Pradesh (1964) • Some woolen shawls, mufflers and bed sheets dispatched by rail were found missing. Soon after, the police found the appellant and a few others. • The appellant told the police where the stolen property was, and recoveries were made. • 6 persons were convicted by the magistrate inter alia, concealment of stolen property. HELP LLB 104 4
  • 5. • The question arose as to whether the appellants could be convicted of receiving stolen property if the property was not proved to be stolen property? • Held: it is not necessary for a person to be convicted under s 414, that another person must be traced out and convicted of an offence of committing theft. The prosecution has simply to establish that the property recovered is stolen property and that the appellant provided help in its concealment and disposal.
  • 6. AR: Receipt or retention  S 411 embraces people who receive or retain property which they know or have reason to believe to have been stolen.  The word retain ensures the conviction of people who initially receive goods without inkling that they have been stolen, but later find out the truth and decide to hold on them.  In practice, it is easier to prove retention rather than receipt. HELP LLB 104 6
  • 7. Definition of stolen property • Refer to s 410 of the PC. Its cover the property that has been stolen, extorted, robbed or which has been obtained by criminal misappropriation, criminal breach of trust or cheating. • However, the receiving or retention must within Malaysia. If the theft is committed in Malaysia and the accused was found in possession of stolen property outside Malaysia, he cannot be charged under s 411.
  • 8. HELP LLB 104 8 In considering whether there has been retention or receipt, the courts ask whether the accused was in possession of the goods. Possession is a question of fact and is dependent on factual context and the degree of control that a person exercises over the property.
  • 9. Varia & Anor v PP (1948)  In this case the two appellants were convicted of dishonestly retaining flour knowing the same to be stolen property contrary to section 411 of the Penal Code.  The two appellants were found on the deck of a tongkang in which the Police found 13 bags of flour in circumstances which indicated that they were intended to be concealed. Both appellants were members of the crew of the tongkang and it was proved that it was customary, when the tongkang was in the river unladen, for members of the crew to sleep ashore at their respective homes. 9
  • 10.  Held, that in order to support a conviction under section 411 of the Penal Code proof of possession is essential and as there was no such proof in this case the convictions must be quashed  * therefore, simply being in a place where stolen property is found will not be sufficient. 10
  • 11. PP v Kasmin bin Soeb (1974)  This was an appeal against the order of a magistrate acquitting the accused under s 411 of the Penal Code wherein he was alleged to have dishonestly retained stolen property to wit, one Honda generator, valued at $300, knowing or having reason to believe the same to be stolen property.  The only evidence adduced connecting the accused with the crime was the fact that about 3 days after the property was stolen, he led the police to the place where the property was recovered. HELP LLB 104 11
  • 12.  Held: the mere evidence of leading the police to a spot, even if hidden, falls short of proving retention.  *the fact that the accused able to show police where stolen items are being stored is not proof that he or she received or retained those goods. 12
  • 13. Albakhar v PP (1960) • This was an appeal against the conviction of the appellant on a charge of dishonestly retaining stolen property to wit, orchid plants. • The only evidence of possession of the orchids which were proved to be stolen property against the appellant was that they were found in a house which the appellant occupied with the other members of his family. There was no evidence to show how they got there or when or by whom they were taken. HELP LLB 104 13
  • 14.  Held: the evidence was insufficient to show that the appellant had possession of the stolen property and he should not have been called upon to enter upon his defence.  *there needed to be some evidence to indicate his personal involvement as opposed to that of any one of the other inhabitants. HELP LLB 104 14
  • 15. Goh Peng Meng v PP (1948)  In this case the appellant had been convicted together with another person for dishonestly retaining stolen property.  The evidence showed that the Police after forcing their way to a house at night found the stolen property in the house. The appellant and the other person were also found in the house hiding in the roof above the room where the goods were located. HELP LLB 104 15
  • 16.  One of the grounds of appeal was that the prosecution had failed to prove that the property was in the exclusive possession of the appellant.  Held: In this case the surrounding circumstances were sufficient to show that the appellant and the other person were in joint possession of the property found and therefore the appeal must be dismissed.  * there is no need to prove exclusive possession, joint possession suffice provided the accused is proved to have exercise sufficient degree of control. HELP LLB 104 16
  • 17. Mens rea • There are 2 aspects to the mens rea – dishonesty and knowing or having reason to believe that the property was stolen. • A failure to prove knowledge or reason to believe is fatal to the case. • Knowledge is the highest degree of speculative faculty and consists of the perception of the truth of the affirmative or negative proposition. HELP LLB 104 17
  • 18. Reason to believe 18 HELP LLB 104 2 important points emerge: The test is whether the accused had reason to believe, not merely to suspect that the goods were stolen. Refer to s 26 – if he has sufficient cause to believe that thing but not otherwise.
  • 19. Tan Ser Juay v PP (1972) • The appellant was convicted of voluntarily assisting in the disposal of stolen property, to wit, 400 watches knowing or having reason to believe that they were stolen property. • The appellant was, by occupation, a broker, and he was asked to arrange for the sale of these watches which were new, without the relevant certificate from the seller who admitted the theft. HELP LLB 104 19
  • 20.
  • 21. HELP LLB 104 2. A person has a reason to believe something if ‘he’ has sufficient cause to believe it.  The use or word ‘he’ injects an important element of subjectivity.  However, dicta in some cases seem to treat s 26 entirely subjective like in the case of Ahmad bin Ishak v PP (1974). 21
  • 22. Knowledge  There is often no evidence as to who hid the stolen property.  Mere knowledge of the whereabouts of the stolen property may not be sufficient to implicate a person when other inferences may be drawn.  However, if the accused is the only one who knows where the stolen property is hidden, such exclusive knowledge may point to the fact that he was the one who kept them there and was in control and conscious possession of them. HELP LLB 104 22
  • 23. Moti Lal v State AIR (1959)  The accused was convicted under s 411 for being found in possession of stolen articles inter alia, utensils and silver ornaments.  The utensils were kept in a hidden place and according to the evidence, other persons who were asked to take out the utensils from the sota failed, it was the accused who went and brought the utensils out.  It was therefore, within his exclusive knowledge as to where the utensils were kept.  From this facts of knowledge, an inference can be drawn under s 114 of the Evidence Act (presumption of recent possession) that he had knowledge because he kept them there and he had control over those articles and had the conscious possession of them.
  • 24. Presumption of recent possession • In most cases of receiving and retaining stolen property there is no direct proof that the accused is receiving stolen property. • However, an inference may be drawn from the fact of recent possession, in the abscene of reasonable explanation. • This presumption is contained in s 114 of the Evidence Act. HELP LLB 104 24
  • 25. S 114 of the Evidence Act  The court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct, and public and private business, in their relation to the facts of the particular case. Illustrations  The court may presume—  (a) that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession; HELP LLB 104 25
  • 26. • This section creates a presumption which may apply unless the accused can ‘account for his possession’. • The doctrine of recent possession, still requires the prosecution to prove the accused’s guilt beyond reasonable doubt. • If the accused is able to raise a ‘genuine and reasonable doubt’ that he or she had no knowledge that the goods were stolen property, the accused has rebutted the presumption. HELP LLB 104 26
  • 27. PP v Sam Kim Kai (1960) HELP LLB 104 27 The respondent was charged with dishonestly retaining stolen property contrary to the provisions of section 411 of the Penal Code. He was found wearing a wristwatch which was conclusively identified as the property of the complainant, and which was stolen from the complainant's premises a few months before.
  • 28. • The respondent was the next-door neighbour of the complainant. At his trial before the learned President of the Sessions Court, the respondent gave evidence that he had purchased the watch from a friend named Ah Seok for $20 about three months earlier. • He failed however to produce Ah Seok as a witness at his trial. The respondent also said that he borrowed money to buy the watch from his sister, and this evidence was corroborated by the sister. The learned President acquitted the respondent. • On appeal by the learned Deputy Public Prosecutor on the ground that the learned President misdirected himself in law, and as a direct result of that misdirection placed too high a value on the respondent's story without giving adequate and proper consideration to the intrinsic worth of that story. HELP LLB 104 28
  • 29. • Held: • (1) it is not sufficient, on a charge of receiving stolen property, for the accused to give an explanation which the court thinks may possibly be true. The explanation must be such as to raise a genuine and reasonable doubt as to whether the accused was guilty. However, although the learned President described the respondent's story as one that "could possibly be true," it is quite clear from his judgment as a whole that, having heard the respondent's explanation, he came to the conclusion that the explanation might not only possibly but reasonably be true. There could therefore be no question of the learned President having misdirected himself in law; HELP LLB 104 29
  • 30. • (2) it may well be that a court differently constituted, bearing in mind that the respondent was the next door neighbour of the complainant and that he failed to produce, or account for the absence of, the witness from whom he said he had bought the watch, would have come to a different conclusion in this case. But the learned President was the judge of fact, and on the facts before him; if he was left in honest and genuine doubt, he was perfectly entitled to acquit the respondent. • Appeal dismissed HELP LLB 104 30