Goods in Custody

Goods in custody is the short form of the offence often described as “goods in custody reasonably suspected of being stolen (or unlawfully obtained)”. It is also generally referred to as “persons who are unlawfully in possession of property”. Police charge people with this offence when they form a view that the person is in possession of an item that the police suspect was at some point stolen or unlawfully obtained.

The Law

Pursuant to section 527C of the Crimes Act 1900 any person who:

a) has any thing in his or her custody; or

b) has any thing in the custody of another person; or

c) has any thing in or on premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or

d) gives custody of any thing to a person who is not lawfully entitled to possession of the thing,

which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained, has committed the offence of “goods in custody”.

Penalties

The maximum penalty for “goods in custody” varies depending on the type of the property alleged to have been in the person’s unlawful possession.

If the “good”, or thing, is a motor vehicle or a motor vehicle part, or a vessel or a vessel part, then the maximum penalty is 12 months’ imprisonment, and/or a fine of $1,100.

If the item was something else then the maximum penalty is 6 months’ imprisonment, and/or a fine of $550.

A vessel includes watercraft of any description used or capable of being used as a means of transportation on water.

Commentary

You can be guilty of this offence if you have “possession” of any item that is reasonably suspected of being stolen or unlawfully obtained. The test used by the Court to determine what is “reasonably suspected” is that of a whether a reasonable person would suspect the goods of being unlawfully obtained. It is therefore considered an “objective test”, relying on what the reasonable person would suspect and not what was in the accused person’s own mind.

Although police obviously rely on their own suspicions for the purpose of charging, it comes down to whether the Magistrate, at the time of hearing the matter, forms the same view.

It must be remembered that the police do not need to prove that the item was in fact stolen or unlawfully obtained; reasonable suspicion is enough.

Further, it does not need to be alleged that the person who is charged with the offence stole the item. It also does not need to be proved that the person in possession of the item knew that it was stolen. It is enough that, under all the circumstances, it would be reasonably to suspect that the item was stolen or unlawfully obtained.

Having possession of the goods, or item, includes having physical control of the item, having the item in your control such as in a safety deposit box or in your residence or giving the item to someone else to hold on your behalf temporarily. If it can be shown that you had the item in your possession before selling the item then you can still be guilty of the offence.

Defences

Once it is found that it is reasonable to suspect that the item is stolen or unlawfully obtained, to be able to successfully defend the charge, the accused person is then required to prove that he or she did not suspect the item to be stolen or unlawfully obtained. This means that it then comes down to he accused person’s actual belief at the time the person was in possession of the good. If the Court accepts that the accused person did not suspect the item or good to be stolen or unlawfully obtained, then the accused person is found “not guilty”.

Proving the police case is very easy, as there is a low threshold that has to be met – mere suspicion is enough. It is therefore important to obtain advice from specialist criminal lawyers when charged with this offence, because defending a charge often comes down to the strength and preparation of the defence case.

If you have been charged with goods in custody and need to go to Court, our experts at Prime Lawyers – Criminal Law Division can help. Contact us to make an appointment with a criminal lawyer at your nearest Prime Lawyers office.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.