What a Goods in Custody and Receiving Stolen Goods Charge Means
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What does a goods in custody charge mean?
A goods in custody charge means you are accused of possessing stolen goods or receiving stolen property.
The offence is referred to as ‘persons unlawfully in possession of property’ under section 527C of the Crimes Act 1900 (NSW).
The maximum penalty is one year imprisonment, or a fine of 10 penalty units, or both when the offence relates to motor vehicles and six months imprisonment, or a fine of 5 penalty units, or both, for all other kinds of property.
The elements of the offence are as listed:
- That the property in your charge had been stolen
- You received, disposed of, or attempted to dispose of the property;
- When you received, disposed of, or attempted to dispose of the property, you knew or believed it to be stolen.
What are the defences to a goods in custody or receiving stolen goods charge?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a goods in custody or receiving stolen goods charge if:
For example,
- The requirement of the statutory defence is met – the defence in the statute indicates that it is a sufficient defence to prove you had no reasonable grounds for suspecting that the items in your possession were stolen or otherwise unlawfully obtained.
- No reasonable suspicion – the police did not have reasonable grounds for suspecting the goods were stolen.
- You did not have knowledge of the items in your possession.
It is important to note that there is a difference between a goods in custody charge and a receiving stolen goods charge. The difference is that receiving stolen goods requires the prosecution to prove knowledge, whereas a goods in custody charge only requires proof of suspicion.
It is best to contact our legal specialist at the Australian Legal Practice on (02) 8084 9929 for personalised advice.
Options when charged with a goods in custody or receiving stolen goods offence
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a goods in custody or receiving stolen goods charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal offences. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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