Goods in Custody
The offence of Goods in Custody is found in section 527C of the Crimes Act 1900 (NSW) which deems a person guilty if they anything in their custody which may reasonably be suspected of being stolen or otherwise unlawfully obtained.
In New South Wales, it’s illegal to possess an item that’s likely to have been stolen or obtained unlawfully. This offence, often known as “goods in custody,” “goods in custody reasonably suspected of being stolen,” or “unlawful possession,” entails having an item in your possession that you should reasonably believe is stolen or unlawfully obtained.
Possession of an item encompasses physically holding it, temporarily entrusting it to someone else, or having it in your residence. You can also face charges if you possessed the item before transferring it to someone else, either through sale or gift.
If you’ve been charged with this offence, it’s crucial to seek legal guidance promptly. Contact our team at Barsha Defence Lawyers for a free consultation to understand your rights and explore your legal options.
You could be charged with Goods in Custody if you:
- Perfume with security tags: If you’re unable to provide a receipt or proof of payment for the perfume bottles found in your possession, and they still have security tags on them, it could reasonably lead authorities to suspect that the items were stolen or unlawfully obtained.
Buying a GPS device from a stranger: Purchasing a GPS device from someone on the street without any proof of ownership or legitimate sale could suggest that the item was stolen or unlawfully obtained.
Buying iPhones at a suspiciously low price: Acquiring brand new iPhones for a significantly discounted price from an individual claiming they “fell off a truck” implies that the phones may have been stolen or obtained unlawfully.
Shoplifting and unproven purchases: If you’re apprehended for shoplifting and subsequent searches reveal additional items for which you can’t provide receipts or proof of payment, such as books, clothing, or alcohol, it raises suspicion regarding the legitimacy of those acquisitions.
In each case, the circumstances surrounding the possession of the items could lead to charges under the relevant NSW laws pertaining to possessing goods suspected of being stolen or unlawfully obtained. It’s essential to seek legal advice promptly if facing such allegations.
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- The item was stolen or unlawfully obtained; and
- You physically had an item on your person or in your possession;or
- You had possession of an item being held by another person; or
- You an item at your place or residence; or
- You an item in your possession that you gave or sold to another person; and
- The item is reasonably suspected of being stolen or unlawfully obtained.
What are the maximum penalties for this offence?
The maximum penalties for Goods in Custody in NSW is:
- Six months imprisonment; and/or
- Fine of $550.00
- Twelve months imprisonment if the item is a motor vehicle; and/or
- Fine of $1,100.00 if the item is a motor vehicle; and/or
Do you have a Defence?
Additionally, several common defense strategies can be employed:
Maintaining Innocence: If you’re innocent and didn’t commit the alleged act, asserting your innocence is crucial to your defense.
Establishing Lawful Acquisition: Providing evidence of legally obtaining the item, such as purchase receipts or proof of rightful ownership, supports your defense.
Challenging Possession: Arguing that you weren’t physically in possession of the item or didn’t transfer it to someone else temporarily can strengthen your defense.
Disputing Ownership at Home: Demonstrating that the item wasn’t in your possession at home further reinforces your defense.
Denying Transaction Involvement: If you didn’t possess or sell the item to anyone else, this can be a compelling defense strategy.
Claiming Necessity or Duress: Presenting evidence of being compelled to possess the goods due to necessity or duress can provide a valid defense.
Navigating these defense strategies effectively requires skilled legal representation. Seeking guidance from experienced legal professionals is essential for building a strong defense against Goods in Custody charges.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
Will i go to Jail?
Jail: The most severe penalty, involving full-time detention in a correctional facility.
Home Detention: Formerly available as a standalone order, now part of Intensive Corrections Orders (ICO), allowing the serving of a sentence at home under strict supervision.
Intensive Corrections Order (ICO): Replaced periodic detention, requiring compliance with conditions like counseling, abstaining from alcohol, curfews, and community service.
Suspended Sentence: Formerly suspended upon entering a good behavior bond, it’s now obsolete. It entailed avoiding jail if the terms of the bond were upheld, applicable for sentences up to two years.
Community Service Order (CSO): Replaced by Community Corrections Orders (CCO), involving unpaid community work or attending courses like anger management, with eligibility determined by probation service assessment.
Good Behaviour Bond: Replaced by CCO, requiring adherence to specified conditions for a defined period, with a maximum duration of five years.
Community Corrections Orders (CCO): Includes standard conditions like no further offenses and court appearance obligations, with additional conditions at court discretion or subsequent application.
Fines: The amount decided considering financial circumstances, payable by the offender.
Section 10A: Records a conviction with no additional penalty.
Conditional Release Order (CRO): Includes standard conditions similar to CCO.
Section 10 – Avoiding a Criminal Record: Provides an opportunity to avoid a conviction and criminal record upon guilty plea, at the court’s discretion.
Understanding the implications of each penalty is crucial, and seeking legal advice can help navigate through the options available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Have you found yourself facing charges of Goods in Custody?
It’s a serious matter that requires expert legal guidance. At Barsha Defence Lawyers, we understand the complexities of such cases and have a proven track record of defending clients against similar charges. Whether you’re accused of possessing goods suspected of being stolen or unlawfully obtained, our experienced team is here to help. We’ll carefully assess your case, explore all possible defenses, and work tirelessly to protect your rights and achieve the best possible outcome. Don’t face these charges alone. Contact us today to schedule your first free consultation. Our dedicated team is ready to provide you with the personalized legal support you need during this challenging time.