Worked example 1
Jake buys a laptop for £80 from a stranger in a pub. Jake suspects it may be stolen but does not ask questions. He later agrees to store two more laptops for the seller in his garage. Analyse handling under s22. [10 marks]
Show solution outline
1. Stolen goods: The laptops must be stolen at the time of handling — if the stranger stole them, s22 applies. s24 allows jury to infer theft within the previous 12 months if unexplained possession.
2. First act — receiving: Jake received stolen goods (s22(1)(a)) when he bought the laptop. This is handling if the laptop was stolen at that moment.
3. Mens rea — knowing or believing: The test is subjective — did Jake know or believe the goods were stolen? Mere suspicion is insufficient (R v Raaf). However, buying far below value from a stranger in a pub with suspicion may support a jury finding of belief, especially combined with s24 inference.
4. Second act — assisting retention: Storing laptops for the seller is undertaking or assisting in retention (s22(1)(b)) — R v Grainge: agreeing to store for another is handling even if D never takes physical possession of all items.
5. Timing: Handling must occur while goods remain stolen. If Jake stores them before police recovery, the goods are still stolen.
Conclusion: Jake is likely guilty of handling for both receiving and assisting retention if the jury finds he believed the goods were stolen. Stress that suspicion alone is not enough — but facts here strongly suggest belief.