The courts have repeatedly emphasised that “recent possession” is no more than the application of common sense and is not a legal doctrine as such.
Where a defendant is found in possession of property which can be proved to have been stolen recently, then in the absence of some credible explanation the jury may use their common sense to conclude that the defendant is guilty of stealing the property (including thefts in the course of robbery or burglary) or handling it. See also the discussion on "Dishonestly" below. It was not necessary that the defendant themselves should be aware that ordinary people would consider the conduct dishonest. The Supreme Court ruled that whether or not a defendant’s conduct should be considered dishonest was to be decided in accordance with what ordinary, decent people would consider it to be. The leading case on the test for "dishonesty" is Ivey v Genting Casinos AC 391. “Dishonesty” is an essential element in most offences under the 19 Acts but it is not comprehensively defined in either. Those offences are the subject of separate guidance which can be accessed here and here. It does not deal with offences under the Fraud Act 2006 or the Proceeds of Crime Act 2002. This Guidance deals with the most common offences under the Theft Act 1968 ("the 1968 Act") and the Theft Act 1978 ("the 1978 Act"). There is further guidance on these topics in Blackstone's Criminal Practice Section B4 "Theft, Handling Stolen Goods and Related Offences." Introduction Whilst theft and the other offences under the 19 Acts may appear straightforward and often are straightforward on the facts of a specific case, there are also potential pitfalls which prosecutors need to be aware of when deciding, for instance, what is the correct charge for someone who has dishonestly cashed a cheque.
The purpose of this Legal Guidance is to assist prosecutors in selecting the right charge in accordance with the Code for Crown Prosecutors when reviewing cases which may fall under either the Theft Act 1968 ("the 1968 Act") or the Theft Act 1978 ("the 1978 Act"). Payment on the spot required or expected.Undertaking/assisting in the retention, removal, disposal or realisation of stolen goods or arranging to do so.Otherwise than in the course of stealing.Without the consent of the owner or other lawful authority.Theft: Robbery, Burglary, Handling and Going Equipped.” ( M)Ĥ3 Jesus answered him, “Truly I tell you, today you will be with me in paradise. But this man has done nothing wrong.” ( L)Ĥ2 Then he said, “Jesus, remember me when you come into your kingdom. “Don’t you fear God,” he said, “since you are under the same sentence? 41 We are punished justly, for we are getting what our deeds deserve. ( J)ģ9 One of the criminals who hung there hurled insults at him: “Aren’t you the Messiah? Save yourself and us!” ( K)Ĥ0 But the other criminal rebuked him. ( G) They offered him wine vinegar ( H) 37 and said, “If you are the king of the Jews, ( I) save yourself.”ģ8 There was a written notice above him, which read: this is the king of the jews. ( E) They said, “He saved others let him save himself if he is God’s Messiah, the Chosen One.” ( F)ģ6 The soldiers also came up and mocked him. ( D)ģ5 The people stood watching, and the rulers even sneered at him. 34 Jesus said, “Father, ( B) forgive them, for they do not know what they are doing.” ( C) And they divided up his clothes by casting lots. ( A) 33 When they came to the place called the Skull, they crucified him there, along with the criminals-one on his right, the other on his left.
32 Two other men, both criminals, were also led out with him to be executed.