What is Good in custody (Unlawfull Possession) ?

Where a person has unlawfully been in possession of property (for example they handle stolen goods knowing or believing them to be stolen), then he/she has dishonestly received the goods and has undertaken to dishonestly maintain their retention, removal or disposal for the benefit of another person.

Case law/Jurisdiction
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 [1926] VLR 166 wherein it was held that the thing itself must be suspected of being stolen and not to be the proceeds of the stealing.

What must the prosecution prove?

Since unlawful possession (Goods in custody) is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Goods in custody.

The police do not need to prove that the item was actually stolen or unlawfully obtained, just that it is reasonable to suspect it was. As such, it does not matter whether the items were actually stolen or unlawfully obtained, just that the circumstances render it reasonable to suspect so.

To establish unlawful possession, the prosecution must prove each of the following matters beyond reasonable doubt:

Establishing that the item was stolen or unlawfully obtained. AND that you either;

  • Physically had an item on your person or in your possession;
  • Had possession of an item being held by another person;
  • Had an item at your place or residence;
  • Had an item in your possession that you gave or sold to another person; and
  • That item is reasonably suspected of being stolen or unlawfully obtained.

The Law
According to 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.

If you are charged with the offence of UNLAWFUL POSSESSIONGOODS IN CUSTODY what are your options?

National Criminal Lawyers have been successful in defending thousands of Goods in Custody charges where the prosecution could not establish each of the elements. We have also achieved a number of non-convictions for Unlawful possession charges.

NCL offer the following options for those who have been charged with unlawful possession:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”);
  2. NCL will Plead Not Guilty and go to hearing/trial;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing); and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf seeking a non-conviction by the Court.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any driving offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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