Goods In Custody

Understanding The Charge Of ‘Goods in Custody’

The definition of this offence is having custody of something which is reasonably suspected of being stolen or otherwise unlawfully obtained.

Custody could mean the following:

  1. On your custody;
  2. In the custody of another person;
  3. Goods in custody in or on premises; and
  4. Giving custody to another person who is not lawfully entitled to possession of the thing.

In order to be found guilty of Goods in Custody, the prosecution must prove beyond reasonable doubt:

  • You either:
    • Had anything in your custody;
    • Had anything in the custody of another person;
    • Had anything in or on premises whether belonging to or occupied by the accused or whether the thing was there for the use of the accused or the use of another person; or
    • Gave custody of anything to any person who was not lawfully entitled to possession of the thing; and
  • The thing may be reasonably suspected of being stolen or otherwise unlawfully obtained.

Defences For Having Goods In Custody

  • Duress;
  • Necessity; and
  • That you satisfy the Court on the balance of probabilities you had no reasonable grounds for suspecting that the thing was stolen or otherwise unlawfully obtained.

Penalty

Upon conviction in the Local Court, the maximum penalties are as follows:

  • If the item is a motor vehicle or motor vehicle part or a vessel or vessel part- 1 year imprisonment and/or a fine of $1100.
  • For any other item- 6 months imprisonment or a fine of $550.

If you have been charged with Goods in Custody, contact Benjamin & Leonardo Criminal Defence Lawyers for expert legal advice. Your first conference is free.

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