Introduction

The offence of goods in custody, outlined under section 527C of the Crimes Act 1900 (NSW), involves the possession of items reasonably suspected to be stolen or unlawfully obtained. This offence is a significant concern for individuals in New South Wales, as it carries penalties that vary depending on the nature of the goods involved. For instance, if the item is a motor vehicle or vessel part, the maximum penalty increases, reflecting the seriousness with which the law views such offences.

This guide provides essential information and practical guidance on understanding goods in custody offences in NSW. It covers key aspects such as the legal definition, the elements the prosecution must prove, possible defences, and the penalties involved. By exploring these elements, the guide aims to equip readers with a comprehensive understanding of the offence and the implications it may have.

Understanding Goods in Custody Offence in NSW

Definition of Goods in Custody Offence

The offence of goods in custody, as outlined in section 527C of the Crimes Act 1900 (NSW), involves having any item in your custody that is reasonably suspected of being stolen or unlawfully obtained. This offence is often referred to as “unlawful possession of property.”

The key aspect of this offence is that the prosecution does not need to prove that the item was actually stolen or unlawfully obtained—only that there is reasonable suspicion that it may have been.

Examples of situations that may lead to a goods in custody charge include:

• Being found with items that still have security tags attached
• Purchasing goods from someone selling them on the street at a significantly lower price than their market value
• Having items in your possession that you cannot provide proof of purchase for

Scope of Possession and Custody

The concept of “possession” in this context is broader than just physically holding an item. It includes:

• Having physical control of the item
• Items held by another person on your behalf
• Items located on your premises, whether they belong to you or someone else
• Giving custody of an item to someone who is not lawfully entitled to it

For example, if you give an item to a friend to hold temporarily, you may still be considered to have possession of that item for the purposes of this offence. Similarly, if the item is found on your premises, you could be charged with goods in custody even if you were not physically holding it.

Elements the Police Must Prove in Goods in Custody Offence

Proving Possession of the Goods

The first element the prosecution must establish is that the accused had possession of the goods. Possession can take various forms:

• Physical Custody: The accused had direct physical control of the item, such as holding it or having it in their bag.
• Custody Through Another Person: The item was in the possession of someone else but under the accused’s control, such as an item held by a friend or family member.
• Premises Possession: The item was found on premises owned or occupied by the accused, such as in their home or vehicle.
• Transfer of Custody: The accused gave the item to someone else who was not lawfully entitled to possess it.

For example, if the police find a stolen item in the accused’s car or home, this establishes possession. Similarly, if the accused gave the item to another person to hold temporarily, this also constitutes possession under the law.

Establishing Reasonable Suspicion the Goods Were Stolen or Unlawfully Obtained

The second element requires the prosecution to prove that there is a reasonable suspicion that the goods were stolen or unlawfully obtained. This does not mean the police must prove the goods were actually stolen, but rather that the circumstances surrounding the possession of the goods give rise to a reasonable suspicion.

Key points to consider regarding reasonable suspicion include:

• Reasonable Suspicion: This is an objective test based on the circumstances at the time of arrest. It is not about the accused’s belief but what a reasonable person would suspect.
• Hearsay Evidence: The court can consider hearsay evidence to determine reasonable suspicion, as long as it has some probative value.
• No Need for Proof of Theft: The prosecution does not need to prove that the goods were actually stolen or unlawfully obtained, only that the suspicion is reasonable.

For instance, if the accused is found with an item that has an altered serial number or is in a condition that suggests it was recently stolen, this could create a reasonable suspicion that the item was unlawfully obtained.

By focusing on these two elements, the prosecution must demonstrate both possession and reasonable suspicion to secure a conviction. If either element is not proven beyond a reasonable doubt, the charge may fail.

Possible Defences in Goods in Custody Cases

Proving the Goods Were Lawfully Obtained or Not Suspected

The primary defence to a goods in custody charge is to establish that the goods were lawfully obtained or that there were no reasonable grounds to suspect they were stolen or unlawfully obtained. Under section 527C(2) of the Crimes Act 1900 (NSW), it is a sufficient defence if the accused satisfies the court, on the balance of probabilities, that they had no reasonable grounds for suspecting the goods were stolen or otherwise unlawfully obtained.

For example, if you purchased an item from a second-hand store and had no reason to believe it was stolen, you could argue that there were no reasonable grounds for suspicion.

The court will consider the circumstances at the time you came into possession of the goods to determine if a reasonable person would have harboured such suspicions.

Exploring Claim of Right, Duress, and Necessity

In addition to proving lawful entitlement, there are alternative defences that may apply in specific circumstances:

1. Claim of Right: This defence applies if you genuinely believed you were legally entitled to the goods. For instance, if you mistakenly took an item believing it was yours, you could argue that you had a legitimate claim of right. This defence requires you to prove that your belief was honest and reasonable.
2. Duress: If you were forced to take possession of the goods due to a threat of harm or violence, you may raise duress as a defence. For example, if someone threatened to harm you unless you held onto an item for them, you could argue that your actions were compelled by duress.
3. Necessity: This defence applies in situations where your actions were necessary to prevent a greater harm. For example, if you took possession of an item to prevent it from being used in a criminal act, you could argue that your actions were justified by necessity.

Each of these defences requires specific evidence and circumstances to be successfully argued in court. It is essential to consult with an experienced criminal defence lawyer to determine the most appropriate defence for your case.

By understanding these potential defences, you can better navigate the legal process and work towards achieving the best possible outcome. If you have been charged with a goods in custody offence, seek legal advice promptly to explore your options and prepare a strong defence.

Penalties for Goods in Custody Offences in NSW

Standard Penalties for Non-Vehicle Goods

Under section 527C of the Crimes Act 1900 (NSW), offences involving goods in custody that are not related to motor vehicles or vessels carry the following maximum penalties:

• Six months’ imprisonment
• And/or a fine of five penalty units

This category excludes:

• Motor vehicles
• Motor vehicle parts
• Vessels
• Vessel parts

Enhanced Penalties for Motor Vehicle or Vessel Related Goods

When the offence involves a motor vehicle, motor vehicle part, vessel, or vessel part, penalties increase to reflect the more serious nature of these items. In such cases, the maximum penalties are:

• Twelve months’ imprisonment
• And/or a fine of ten penalty units

Conclusion

The offence of goods in custody in New South Wales, outlined under section 527C of the Crimes Act 1900 (NSW), involves the possession of items reasonably suspected to be stolen or unlawfully obtained. This guide has covered the legal definition, the elements the police must prove, possible defences, and the varying penalties depending on the type of goods involved. Understanding these aspects is crucial for anyone facing such charges.

If you or someone you know is charged with a goods in custody offence, it is essential to seek legal advice promptly. Contact Daoud Legal, a trusted criminal law firm in Sydney, today to discuss your case and explore your options. Their expertise can help you navigate the legal process and work towards the best possible outcome.

Frequently Asked Questions