Goods in Custody
Goods in Custody
In New South Wales, it is an offence to possess an item that is reasonably suspected of being stolen or unlawfully obtained. This offence, commonly referred to as “goods in custody” or “unlawful possession”, is covered under Section 527C(1) of the Crimes Act 1900 (NSW).
This offence can be difficult to prove and we use our experience to analyse the evidence against you and obtain instructions from you about the item or goods in questions. This helps us build a strong defence strategy to maximise your chances of a not-guilty verdict.
What Does "Unlawfully Obtained" Mean?
“Unlawfully obtained” refers to acquiring or possessing an item in a manner that violates the law or infringes on the rights of another person. This can include:
- Physically possessing the item.
- Temporarily handing the item to someone else to hold.
- Storing the item at your residence.
- Previously possessing the item before selling or transferring it to someone else.
What the Police Must Prove
The prosecution must establish the following beyond reasonable doubt:
- Possession of the Item: The accused had physical custody of the item.
- Reasonable Suspicion: The item is reasonably suspected of being stolen or unlawfully obtained.
- The police are not required to prove the item was actually stolen, only that it could reasonably be suspected of being stolen.
Penalties for Goods in Custody
The maximum penalties for this offence are:
For motor vehicles, parts, vessels, or vessel parts:
- Up to 1 year imprisonment and/or a fine of 10 penalty units.
For other items:
- Up to 6 months imprisonment and/or a fine of 5 penalty units.
Defences to Goods in Custody
Possible defences include:
- Lawful Possession: Proving that the item was lawfully obtained, such as through purchase or having a legitimate claim of right.
- No Physical Possession: Arguing that the accused did not physically possess the item or have it stored at their residence.
- False Allegation: Maintaining innocence and disputing the claim entirely.
- Necessity or Duress: Demonstrating that the actions were taken under duress or unavoidable circumstances.
- Mistaken Identity: Establishing that the accused was not the person in possession of the goods.
Need Help with Goods in Custody Charges?
Being charged with goods in custody can lead to serious penalties. IMS Lawyers Australia can provide expert legal representation to protect your rights and defend your case.
Contact IMS Lawyers Australia today for professional advice and support.
