What is Goods In Custody?
If you are charged with Goods In Custody, let our responsive team of experts manage your defence. Contact Nott and Co Lawyers. We are the most responsive criminal lawyers in NSW and will get you a straight answer in 24 hours. Best possible outcomes at best fixed fee prices.
Section 527C of the Crimes Act 1900 (NSW) contains the offence of goods in custody.
It is a common charge that arises if a person has anything in their custody which may reasonably be suspected of being stolen or otherwise unlawfully obtained.
What The Prosecution Must Prove
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.
Establishing that the item was stolen or unlawfully obtained or was reasonably expected of being so 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.
Penalties
Prison up to one year if the goods are part of a motor vehicle or fine of $1100 or both;
Unlawful possession of other things can be punished with a prison sentence for 6 months, or to a fine of $550 or both.
Defences For Goods In Custody Charges
Some of the possible defences available for those charged with unlawful possession can include:
- If you were forced by threats or other compulsions to you can argue duress;
- If your actions were necessary to prevent a greater harm from occurring, you may have the defence of necessity;
- Proving that the goods were not in fact stolen or unlawfully obtained
- To show that you had in fact lawfully obtained the item, for example by purchasing it or having a legitimate claim of right;
- To argue that you:
- were not physically in possession of an item;
- had not given an item which you were in possession of to someone else temporarily;
- did not have the item in your possession at your home;
- did not have the item in your possession and that you did not give or sell it to someone else;
Defences
- Where you were suffering from a mental illness at the time of the offence (mental illness)
- Where your conduct was necessary to prevent serious injury or danger (necessity)
- Where someone threatened or coerced you into committing fraud (duress)
Defence Of Human Trafficking Charges
Full time imprisonment is an option open to the Courts, so the charge of Human Trafficking is a serious one. Nott and Co Lawyers will defend your rights if charged. Our experts can negotiate with police, seek to have facts amended, run a dispute facts hearing if required and provide you with a robust defence if you wish to plea not guilty.
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Our commitment to anybody who reaches out to us is that we will be back in touch within 24hrs – personally and not via automated message.
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