Goods in Custody Flashcards
What are the four types of Goods in custody?
(a) Personal custody
(b) Custody if another
(c) Has anything in or on premises occupied by them or not, or the thing is there for own use or another to use.
(d) Gives custody of any thing to another person who is not lawfully entitled to possession of the thing.
What is the test for the ‘thing’ under S.527C GIC?
Thing may be reasonably suspected of being stolen or otherwise unlawfully obtained.
What is the statute of limitation for S.527C GIC?
6 months for any thing.
2 years if the thing is a motor vehicle.
What is the sufficient defence under S.527C?
If the defendant satisfies the court that he or she had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained.
What does the case of R v CHAN say about GIC?
It comments on how the section states the matter rests upon the word may, which is not entirely clear as matter needs to be proved beyond a reasonable doubt.
What does the element of Knowledge require?
Only needs to proved the knowledge of the existence of the goods.
Not required to prove person knew goods were stolen.
Proof of knowledge of custody is required.
He Kaw Teh principles.
What is meant by the term custody?
Requires the defendant to be able to exercise immediate actual control over the goods.
What does R v English say about custody?
The accused must be in possession of the goods at the time of apprehension. Custody and apprehension must be contemporaneous.
What is meant by the term reasonable suspicion?
More then mere idle wondering amounting to a slight opinion.
Can use hearsay.
It is an objective test, facts would hold a reasonable suspicion in the mind of a reasonable man.
R v English says what in relation to the reasonable suspicion?
Court is to consider the suspicion at the time of hearing the matter, it matters not what the subjective belief is of the officer.
What is the statute of limitations for S527C GIC?
6 months.
2 years if it is a motor vehicle.
EVANS v DPP make three points about double jeopardy under S527C what are they?
The subsection offences under 527C are separate offences and cannot be amended.
If a charge is dismissed under one subsection it is not double jeopardy if you use another subsection.
An acquittal on a charge of larceny is not a bar against the unlawful possession under S.527C.
