Goods in Custody Lawyers Sydney
Charged with Goods in Custody? Our specialist Sydney lawyers provide immediate strategic defence to get the charge dropped and protect your record.
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Expert Defence for Goods in Custody Charges
A goods in custody charge in Sydney can have serious consequences, including imprisonment and a criminal record for a dishonesty offence.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our criminal lawyers have a formidable track record of achieving exceptional results for this offence. We build a powerful defense strategy from the outset, aiming to have the goods in custody charge withdrawn or secure a ‘not guilty’ verdict.
We provide robust representation across the full spectrum of property law, specialising in:
- Unlawfully Obtained Goods
- Stolen Goods
- Proceeds of Crime
- Seizure and Forfeiture
- Possession of Goods Suspected of Being Stolen
- Search Warrant Issues
- Section 10 Dismissals
- Sentencing & Pleading
- Appeals
What Is a "Goods in Custody" Offence in NSW?
Being charged with “goods in custody” can be confusing and stressful. At Daoud Legal, we understand the intricacies of these charges and are here to provide you with the strategic legal representation you need.
What Does "Goods in Custody" Mean?
Section 527C of the Crimes Act 1900 (NSW) outlines the offence of “goods in custody.” Essentially, it means being connected to goods that are suspected of being stolen or unlawfully obtained.
Unlike larceny charges, proving the goods were definitively stolen is unnecessary. This makes “goods in custody” a common alternative charge for prosecuting authorities when traditional theft charges are difficult to prove.
Examples of 'Goods in Custody" Offences
Examples of ‘Goods in Custody” offences include:
- Has any item in their custody;
- Has any item in the custody of another person;
- Has any item in or on premises, whether belonging to or occupied by themselves or not, or whether that item is there for their own use or the use of another; or
- Gives custody of any item to a person who is not lawfully entitled to possession of that item.
Critically, for the offence to be made out, the police must also show that the item in question “may be reasonably suspected of being stolen or otherwise unlawfully obtained.”
Key Considerations for Goods in Custody Charges
Multiple Offence Categories: Section 527C(1) outlines four distinct offences, each with unique requirements for prosecution. A misidentified charge can be crucial to your defence, especially regarding statute of limitations.
Goods in Personal Custody: This charge hinges on proving “immediate de facto control” over the goods at the time of arrest (Ex parte McPherson (1933) 50 WN 25). If you were questioned but not arrested while in possession of the goods, a later charge might be invalid (R v English (1989) 44 A Crim R 273).
Goods in Custody on Premises: This charge (s 527C(1)(c)) requires proving both your knowledge of the goods’ presence and your control over them. A lack of exclusive control, as seen in Filippetti (1984) 13 A Crim R 335, can lead to acquittal.
Defence of No Reasonable Grounds for Suspicion: Section 572C(2) allows you to argue you had no reason to suspect the goods were stolen (see Case Study B below).
Statute of Limitations: Prosecutors have six months to file charges (Criminal Procedure Act s 179). Incorrectly applied charges exceeding this timeframe can work in your favour.
Penalties for Goods in Custody Charges in NSW
Understanding the potential penalties for a goods in custody offence in NSW is critical. A conviction for this criminal offence results in a criminal record for dishonesty, which can have a lasting impact on your employment, travel, and future. The penalties are outlined under section 527C of the Crimes Act 1900 (NSW) and vary depending on the nature of the property involved.
Our experienced criminal lawyers are dedicated to helping you navigate the court process. We will build a strategic defence to minimise any penalties and protect your record.
Maximum Penalty for Goods in Custody
For most items, other than vehicles or vessels, the Local Court can impose the following maximum penalties:
| Maximum Imprisonment | Maximum Fine |
|---|---|
| 6 months imprisonment | $550 |
Maximum Penalty for Goods in Custody of a Motor Vehicle or Vessel
If the property is a motor vehicle, a vessel, or a part of either, the penalties for this offence are more severe:
| Maximum Imprisonment | Maximum Fine |
|---|---|
| 12 months imprisonment | $1,100 |
It is Possible to Avoid a Criminal Conviction or Maximum Penalties
Being charged with a goods in custody offence does not automatically mean you will receive a criminal record. An expert criminal lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to argue for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order without conviction.
This allows the court to find you guilty but dismiss the charge without recording a criminal conviction, saving your record and protecting your future. Our team has a proven track record of achieving these outcomes for our clients.
What are the Possible Court Outcomes?
While the maximum penalties are reserved for the most serious cases, a Magistrate in the Local Court has a wide range of sentencing options available. The outcome of your case will depend on the strength of the evidence, the circumstances of the offence, and the quality of your legal representation.
Possible penalties for a goods in custody charge include:
- Section 10 Dismissal: The charge is proven, but the court dismisses it without recording a criminal conviction.
- Conditional Release Order (CRO): A good behaviour bond, which can be issued with or without a conviction.
- Fine: A monetary penalty imposed by the court.
- Community Correction Order (CCO): A sentence served in the community which can include supervision and community service work.
- Intensive Correction Order (ICO): A sentence of imprisonment served in the community under strict conditions.
- Full-Time Imprisonment: The most serious penalty, involving a jail sentence.
Pleading 'Not Guilty' to a Goods in Custody Charge
If you choose to plead not guilty to a goods in custody charge, your case will be scheduled for a defended hearing in the Local Court. At the hearing, the prosecution is required to present its evidence and prove every element of the criminal offence beyond a reasonable doubt.
Our role is to build a robust defence and create that doubt. We will meticulously analyse the police evidence, identify any inconsistencies or procedural errors, and prepare to cross-examine the police witnesses. We will also prepare and present any evidence that supports your innocence.
A successful defence results in a ‘not guilty’ verdict, meaning the goods in custody charge is dismissed entirely. This is the best possible outcome, as it leaves you with no criminal record and no penalty. Our criminal lawyers have a proven track record of winning these types of cases for our clients across Sydney.
Pleading 'Guilty' to a Goods in Custody Charge
In some circumstances, pleading guilty at the earliest opportunity can be the most strategic path forward. An early guilty plea shows remorse and entitles you to a significant discount on your sentence, which can be crucial in securing a more lenient penalty from the Magistrate.
Even with a guilty plea, it is still possible to avoid a criminal conviction. The expert criminal defence lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers specialise in preparing persuasive and detailed submissions for the court, arguing for a Section 10 dismissal or a Conditional Release Order without a conviction.
We will carefully present your case, highlighting mitigating factors and any evidence of your good character, to convince the court that recording a conviction is not necessary. This approach protects your criminal record and allows you to move forward without the burden of a dishonesty offence.
What the Prosecution Must Prove for a Goods in Custody Offence
To secure a conviction for a goods in custody charge, the prosecution doesn’t need to prove the item was actually stolen. Instead, they only need to prove two key elements beyond a reasonable doubt:
- You had custody of a ‘thing’. This can mean it was on your person, in your car or home, or even in the possession of another person on your behalf.
- There are reasonable grounds for suspecting that the ‘thing’ was stolen or otherwise unlawfully obtained.
This low threshold makes it a common and surprisingly easy charge for police to lay, but it also creates opportunities for a strong legal challenge. The court, not the police officer, ultimately decides if the suspicion is reasonable. An experienced criminal lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can dismantle a weak prosecution case by challenging the grounds for suspicion and the evidence of possession.
Defences to a Goods in Custody Charge
Challenging the Factual Basis
Even when the prosecution believes they have a case, our experienced criminal defence lawyers can dismantle it by challenging the factual basis of the charge at the Local Court. A goods in custody charge often rests on weak assumptions, and we are experts at exposing them.
Our defence strategies include:
- Proving lawful ownership: We can present evidence, such as receipts or witness testimony, to prove that the item was not stolen or unlawfully obtained and that you have a legitimate claim of right to the property.
- Disputing “custody”: The prosecution must prove you had immediate physical control over the item. We can argue that you did not have the required possession of the property, especially if it was found in a shared space like a car or house.
- Challenging the “suspicion”: We can argue that there were no reasonable grounds for police to suspect the goods were stolen in the first place. A mere suspicion is not enough; it must be based on objective facts.
By creating reasonable doubt around these core elements, we can pressure the prosecution to withdraw the charges or have them dismissed in court.
Arguing a Legal Defence
In addition to challenging the facts, we can raise specific legal defences that provide a complete answer to a goods in custody charge. Our criminal lawyers will assess your case to determine the most effective defence strategy, which may include:
- No Reasonable Grounds for Suspicion
This is the primary defence provided by section 527C of the Crimes Act 1900 (NSW). If we can satisfy the court, on the balance of probabilities, that you had no reasonable grounds for suspecting the item was stolen or unlawfully obtained, you will be found not guilty. - Duress
If you were forced to possess the item because of serious threats or coercion from another person, you may have a defence of duress. - Necessity
If you only possessed the goods to prevent a greater harm from occurring, and your actions were a reasonable response to the situation, you may be able to argue the defence of necessity.
Our team at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers has a proven track record of successfully applying these defences. We will meticulously prepare your case and work tirelessly to achieve the best possible outcome.
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Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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With a proven history of success, we focus on having goods in custody charges dropped, securing 'not guilty' verdicts, and protecting our clients from criminal convictions.
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Our senior criminal lawyers bring over 40 years of combined experience exclusively in NSW criminal law. Their deep understanding of the courts and strategic defence gives you a clear advantage in defending your Goods in Custody charge.
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FAQs
What is a goods in custody charge?
A goods in custody charge, under section 527C of the Crimes Act 1900 (NSW), means you were found with something that police reasonably suspect was stolen or unlawfully obtained. It is a criminal offence that can result in a conviction for dishonesty.
Do the police have to prove the goods were actually stolen?
No. This is a critical point. The prosecution does not need to prove the item was stolen, only that there were reasonable grounds for a police officer to suspect it was. This lower threshold makes it a complex charge to face without expert legal advice.
What does the prosecution have to prove for a goods in custody offence?
The prosecution must prove two things beyond a reasonable doubt: first, that you had the item in your custody, and second, that the item may be reasonably suspected of being stolen or unlawfully obtained. Our criminal lawyers are experts at challenging both of these elements.
What are the maximum penalties for goods in custody in NSW?
For most items, the maximum penalty is 6 months imprisonment and/or a fine of $550. A conviction will also result in a criminal record, which is why a strong defence is essential.
Are the penalties more serious if the item is a motor vehicle?
Yes. If the charge involves a motor vehicle, motor vehicle part, or a vessel, the maximum penalties increase significantly to 12 months imprisonment and/or a fine of $1,100.
Can I get a criminal record for a goods in custody offence?
Yes, a conviction for this criminal offence will result in a criminal record for dishonesty, which can impact your employment and travel. However, it is possible to avoid a conviction. Daoud Legal: Sydney Criminal Defence & Traffic Lawyers has a proven track record of securing Section 10 dismissals for our clients.
What does "custody" actually mean?
“Custody” means you had immediate de facto control of the item. This can include having it on your person, in your car, in your home (even if it’s a shared premise), or even giving it to someone else to hold for you. We can build a defence by challenging whether you truly had custody.
What is the main defence to a goods in custody charge?
The most common defence is proving to the court that you had no reasonable grounds for suspecting the property was stolen or unlawfully obtained. The burden is on the accused to prove this on the balance of probabilities, which requires skilled legal representation.
What if I genuinely didn't know or suspect the item was stolen?
This is the core of your defence. If you can satisfy the Magistrate that you had no reasonable grounds for suspicion, you will be found not guilty. Our role is to gather the evidence and present a persuasive case to the court that demonstrates your state of mind.
How is this different from a "receiving stolen goods" charge?
Goods in custody only requires a “reasonable suspicion” that the items were stolen. Receiving stolen goods is a more serious offence that requires the prosecution to prove you knew the items were stolen, which is a much higher standard.
Where will my goods in custody case be heard?
This offence is a summary offence and will almost always be finalised in the Local Court of NSW. Our criminal lawyers appear in all Sydney and regional courts and are familiar with the Magistrates who will hear your case.
Can a goods in custody charge be dropped before court?
Yes. An experienced lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can negotiate with the prosecution to have the charge withdrawn. We do this by identifying weaknesses in their case, such as a lack of evidence for “custody” or “reasonable suspicion”.
What is a Section 10 dismissal?
A Section 10 dismissal is an order where the court finds you guilty of the offence but dismisses the charge without recording a criminal conviction. This is an excellent outcome that protects your record, and our firm has a proven track record of achieving it.
How can a lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers help me fight this charge?
Our experienced criminal lawyers provide a strategic defence by challenging the police evidence, negotiating with the prosecution to get charges dropped, and preparing a powerful case for court to argue for a not guilty verdict or a non-conviction sentence.
What is the first thing I should do if charged?
Contact an experienced criminal lawyer immediately. Do not speak to police without legal advice. The team at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers is available 24/7 for a free strategy session to protect your rights from the very beginning.
What if the item was found in a shared house or car?
This can be a strong point for your defence. The prosecution must prove the item was in your custody, not just present in a space you had access to. We can argue that you had no knowledge or control over the item, creating reasonable doubt.
What if I have a receipt or proof of purchase?
This is excellent evidence. Proving that you lawfully obtained the item, for example by providing a receipt or witness testimony, can establish a “claim of right” and is a strong defence to the charge.
Why should I choose Daoud Legal for my goods in custody case?
With over 40 years of combined experience, our firm specialises exclusively in criminal and traffic law. We have a proven track record of getting goods in custody charges withdrawn or dismissed, and we are dedicated to achieving the best possible outcome for every client.
What happens if I plead guilty to goods in custody?
If you plead guilty, the matter proceeds to sentencing. An early plea can result in a 25% discount on your sentence. Our role is to prepare a persuasive plea in mitigation, using character references and other materials to convince the Magistrate to impose the most lenient penalty available, such as a Section 10 non-conviction.
Do you offer fixed fees for goods in custody cases?
Yes, Daoud Legal: Sydney Criminal Defence & Traffic Lawyers offers fixed fees for many criminal law matters, including pleas of guilty for goods in custody. This gives you certainty and transparency about your legal costs from the start.
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