Goods in Custody Flashcards
GIC Section?
527C Crimes ACt 1900
(1) (a)?
- Any person who;
a) Has any thing in his or her custody,
1 b?
Has anything in the custody of another person,
1 c?
Has anything in or on premises whether belonging to or occupied by himself or herself or not, or whether thst thing is there for his/her own use or use of another, or
1 d?
Gives custody of thing to a person who is not lawfully entitled to possession of the thing,
End of 527c 1?
Which thing MAY be reasonably suspected of being stolen or otherwise unlawfully obtained is liable on conviction before a Local Court.
Can you ammend the indictment to reflect a change between a-d? Case?
No, each is a different offence.
Evans v DPP.
Would you charge with (b) or (d)? Why?
D, as D covers both temporary giving away and permanent.
Statute of limitations for GIC not MV? Section?
6 months. 179 Criminal Procedure Act.
Statute of limitations for GIC MV? SEction?
2 years. 527C 1 A.
Statutory defence for GIC and section?
527c (2).
Sufficient defence if defendant satisfies court they had no reasonable grounds for suspecting thing referred to in charge was stolen/unlawfully obtained. Subjective and Objective test.
First element?
Knowledge.
What do you have to prove knowledge of? Case?
existence of the goods, not anything to do with suspicion on them. He Kaw Teh v The Queen.
Custody?
Def must be able to exercise immediate actual control of the goods.
Does def have to be in custody of item at time of apprehension? Case?
R v English.
Must have custody of item at time of apprehension.
Element 4?
Reasonable suspicion.
What must suspicion attach to?
Goods, not person.
Can other things be taken into consideration other than the goods when it comes to reasonable suspicion? Case?
R v Madden 85 A Crim R 367
Nature of the thing itself, circumstances in which it iwas found in def custody and behaviour of def with respect to it, including any lies or evasion.
What kind of test is applied when determining the reasonable suspicion on the goods?
Objective test only. A suspicion based on facts which would create a reasonable suspicion in the mind of a reasonable man. R v Lavelle
How does the Court determine the suspicion?
At the time the matter is in court before the magistrate, objectively.
Case law in relation to Court determining suspicion at time of matter?
R v English.
It must be determined not according to the subjective beliefs of the police at the time, but according to an objective criterion determened by the court whom the accused stands charged.
Double Jeopardy for laying another charge under a different 527c sub section if one is dismissed? Case?
EVans v DPP.
No Double Jeopardy. Can lay another charge of a different sub section.
If also charged with larceny and dismissed does this prevent conviction for GIC? Case?
R v Chan.
Does not prevent conviction for GIC.
