Goods in Custody Flashcards
What section is goods in custody?
section 527C of the Crimes Act
What was the purpose of the section?
for police to be able to charge someone who has in their possession something they suspect is stolen but cannot prove the person stole it.
What does section 527C (1) state?
Any person who:
a) has anything in his or her custody
b) has anything in the custody of another person
c) has any thing in or on premises
d) gives custody of any thing to a person who is not lawfully entitled to it
which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained: is liable to conviction
How long is penalty if its a car?
10 years
How long is penalty if anything other than car?
6 months
What does 527c(2)
It is a sufficient defence to a prosecution for an offence under section (1) 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 are the proofs of the offence?
The accused:
- knowingly
- had a thing
- in her or her custody
- which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained.
Does the prosecution have to prove that the item IS unlawfully obtained?
No, the prosecution only need prove that it MAY be. This is from the case of R v CHAN.
When is the suspicion determined about the thing?
at Court, when the Magistrate determines it. Not at the time of arrest. R v ENGLISH
What is required for the element of Knowledge?
That they knew of the existence of the goods, not required to prove that it was stolen.
What is required for the element of had a thing?
not restricted to items which are subject to larceny at common law.
What is alleged must be the specific thing that attracted the reasonable suspicion.
What is required for the element of custory?
There are four different offences for custody element:
- personal manual custody
- temporary custody of another
- custody in premises
- give custody to another
what are the 4 elements of custody?
- personal manual custody
- temporary custody of another
- custody in premises
- give custody to another
What is meant by personal custody (1) (a)
ordinary meaning
- required def to be able to exercise immediate control over the goods.
- R v ENGLISH - must be in possession of the goods at the time of apprehension (custody and apprehension must be at same time - caught red handed)
What is required for the element of reasonable suspicion?
the suspicion must attach to the goods, not the person.
It is an objective test - reasonable suspicion is a suspicion based on facts which would create a reasonable suspicion in the mind of a reasonable man.
What does R v English say about the Magistrates determination of reasonable suspicion?
It must be determined not according to the subjective beliefs of the police at the time, but according to an objective criterion determined by the Court before whom the accused stands charged.
What would assist the Court in agreeing that reasonable suspicion attaches to the goods?
- the item is clearly owned by someone else
- the circumstances in which the thing is found and the behaviour of the accused
What happens if suspicion goes beyond belief?
it will not carry the matter outside of the section.
What is the statute of limitations for this offence?
Section 179 of the CPA states 6 months
2 years of rebirthing
Can you amend the subsection if you change your mind about the custody?
No, it cannot be amended to another type of custody - EVANS v DPP.
Does double jeopardy apply if you lose a charge and relay a different type of custody such as (b) or (c)
no, it does not apply. EVANS v DPP.
If you are acquitted of Larceny can you be charged with GIC?
yes, R v CHAN
