Goods in custody

 
Streeton Criminal Lawyers Sydney
  • Section 527C of the Crimes Act 1900 (NSW)
  • Maximum penalty if the goods are a motor vehicle or motor vehicle part: imprisonment for 12 months and/or a fine of $1100
  • Maximum penalty if the goods are anything else: imprisonment for 6 months and/or a fine of $550.

The offence

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.

Reasonably suspected of being stolen

The magistrate must determine whether there is a reasonable suspicion that the goods were stolen or otherwise unlawfully obtained. This suspicion must attach to the goods and not to the accused person.

Otherwise unlawfully obtained

The offence may be made out if the prosecution establish that the goods were otherwise unlawfully obtained. For example goods purchased with money obtained from the sale of drugs.

Defence

The Crimes Act provides that it is a defence to the charge if the accused person satisfies the magistrate that he or she had no reasonable grounds for suspecting that the property was stolen or otherwise unlawfully obtained.

Sentence

The magistrate will consider a range of matters before passing sentence. This will include whether there was a plea of guilty, the circumstances of the offence, the value of the property, any criminal history of the offender as well as the subjective circumstances of the offender.

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