Unlawful Possession | Goods in Custody

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.

Jurisdiction / Case Law

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.

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 (Goods in Custody), 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.

If you are charged with the offence of Unlawful Possession, what are your options?

National Criminal Lawyers (NCL) have been successful in defending thousands of Goods in Custody charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Unlawful Possession (Goods in Custody):

1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.