According to section 527C of the Crimes Act 1900 (NSW), the offence of goods in custody is committed if a person has anything in their custody which may reasonably be suspected of being stolen or otherwise unlawfully obtained.
An offence of Goods in Custody is to be dealt with in the Local Court.
The nature and elements of the offence of Goods in Custody were considered in the case of Brebner v Seager  VLR 166 wherein it was held and the thing itself must be suspected of being stolen and not to be the proceeds of the stealing.
Unlawful Possession can be punished with imprisonment of up to 1 year if it relates to a Motor Vehicle or part of a Motor Vehicle or fine of $1100 or both;
In other cases, Unlawful possession can be punished with imprisonment up to 6 months, or to a fine of $550 or both.
In NSW, a court can impose any of the following penalties for an unlawful possession charge of:
For unlawful possession, 17% of offenders received a full-time prison sentence whereas 31% received a good behaviour bond and 39% received a fine.
5% of offenders received a Section 10 – dismissal of charges and no conviction.
Since unlawful possession (Goods in custody) is a criminal offence, the burden of proof lies on the Prosecution. The prosecution is required to prove that the accused is guilty beyond a reasonable doubt establishing that:
However, the police do not need to prove whether the item was in fact stolen or unlawfully obtained, only that it is reasonably suspected of being stolen or unlawfully obtained.
Some of the possible defences available for those charged with unlawful possession include:
For Goods in Custody, Rep-Revive Criminal & Employment Lawyers® offers the following options:
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There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:
At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years.
If you are charged with an offence, our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.