9084 · 2.2.5
Handling stolen goods as defined in s22 Theft Act 1968 flashcards
Revision flashcards for Cambridge 9084 Handling stolen goods as defined in s22 Theft Act 1968 (syllabus 2.2.5). Flip, recall, then mark a real past-paper question.
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s22 handling acts?
Receiving stolen goods, or undertaking/assisting in their retention, removal, disposal, or realisation by/for another.
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Mens rea for handling?
Knowing or believing the goods to be stolen at the time of handling — subjective test.
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s24 presumption?
If goods were stolen within 12 months and D found in possession, jury may infer guilty knowledge unless explained.
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Goods still stolen?
Handling must occur while goods remain stolen — once owner reclaims or police recover, goods may cease to be stolen.
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R v Grainge?
Two defendants agreeing to store goods for a third — both guilty of undertaking to assist retention.
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Alternative to theft?
Handling charge used when thief cannot be identified or theft difficult to prove.
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What are the three core elements of the actus reus for handling stolen goods under s22(1)?
1. An act of 'handling' (e.g., receiving, assisting in retention). 2. The item must be 'goods'. 3. The goods must be 'stolen' at the time of handling.
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What are the two mens rea elements for handling stolen goods?
1. Knowing or believing the goods are stolen. 2. Dishonesty (as per the test in *Ivey v Genting Casinos*).
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What is the legal definition of 'believing' goods are stolen, according to *R v Hall*?
It is a state of mind where there can be 'no other reasonable conclusion' that the goods are stolen, based on the circumstances. It is more than mere suspicion.
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Under s24(3) TA 1968, when do goods cease to be stolen?
When they are restored to the person from whom they were stolen, or when they have come into other lawful possession or custody (e.g., seized by police). The key case is *AG's Reference (No. 1 of 1974)*.
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Can a person be guilty of handling if they are only assisting themselves in retaining stolen goods?
No. The actus reus for assisting in retention, removal, disposal, or realisation requires the act to be done 'by or for the benefit of another person'.