Goods In Custody

Question 1

Is goods in custody a common law or statutory offence cite authority?

Answer 1

Statutory. S527C Crimes Act

Question 2

What are the proofs of the offence for goods in custody?

Answer 2

1 the accused

2. Knowingly
3. Had a thing
4. In his or her custody or the custody of another or in premises or gave custody to a person who is not lawfully entitled to possession of the thing and
5. Which thing may be reasonably suspected of being stolen or unlawfully obtained

Question 3

What is premises?

Answer 3

S527C(3) crimes act: premises includes and structure, building, vehicle, vessel or place whether built or not and any part of the structure etc

Question 4

what mens rea do the prosecution need to prove?

Answer 4

Knowledge. Prosecution must prove the accused had knowledge of the existence of the goods.

He kew teh

Question 5

What is the meaning of custody?

Answer 5

Given plain meaning. Must be abke to exercise immediate defacto or constructive control over the goods.

R v English : the accused must be in possession of the goods at the time of apprehension.

Question 6

What is the meaning of thing?

Answer 6

Any physical article of property.

Question 7

Can a piece of rubbish be a thing?

Answer 7

Yes. Provided physical article. E.g. unused railway tickets and betting slips held to be things.

Question 8

For an offence under section 527C(1)b) what intention must the defendabt have in relation to the goods.

Answer 8

Must intend to retake physical custody of the goods at a latter time.

Question 9

What relationship must exist between custody and apprehension?

Answer 9

McPherson Re Moss and Anor. At the time of apprehension must have custody.

Question 10

What does the magistrate need to be satisfied of to convict for an offence under s527C?

Answer 10

R v Russel: That evidence for the prosecution at its highest establishes a prima facie case that the goods could reasonably be suspected or unlawfully obtained.

Question 11

What does the arresting officer need to be satisfied of?

Answer 11

That the thing in question could reasonably be suspected of being stolen or otherwise unlawfully obtained.

Question 12

What is the statute of limitations for an offence under section 527C?

Answer 12

6months section 179CPA

Unless motor vehicle is the thing (527c(1A)

Question 13

What if any defence may be raised?

Answer 13

S527C(2) Crimes Act: it is a sufficient defence to a prosecution for an offence under subsection 1 if the defendant satisfies the court that he had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained.

Question 14

What if suspicion goes beyond belief?

Answer 14

RvGrace: it will not carry the matter outside the section.

Question 15

What is sextion 527C(1) crimes act

Answer 15

1) any person who:
A) has anything in his or her custody:
B) has any thing in the custody or another person
C) has anything in or on premises whether belonging to or occupied by himself or herself or not or whwrher that thing is there for his or her own use or the use of another or
D) gives custody of any thing to a person who is not lawfully entitled to possession the thing.,

Which thing may reasonably be suspected of being stolen or unlawfully obtained is liable conviction before the local court

Question 16

What is the offence created by section 527C(1)(a)

Answer 16

Goods in personal custody suspected of being stolen or unlawfully obtained.

Question 17

What is the offence created by section 527C(1)b crimes act?

Answer 17

Goods in custody of another person suspected of being stolen or unlawfully obtained.

Question 18

What offence is created by section 527C(1)(c)

Answer 18

Goods in custody in or on premises suspected of being stolen or unlawfully obtained.

Question 19

Section 527C(1)(d) crimes act

Answer 19

Person gives goods suspected of being stolen or unlawfully obtained to another person (disposal stolen property)

Question 20

Section 527C(1)(d) crimes act

Answer 20

Person gives goods suspected of being stolen or unlawfully obtained to another person (disposal stolen property)

Question 21

To what standard does the defendant need to raise the defence?

Answer 21

On balance of probabilities that no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained.

Question 22

How do we prove an offence under sectiob 527C(1)(d)?

Answer 22

Before the goods were given to another, was the defendant lawfully entitled to possess them.
Gilroy v jebara.

Question 23

What is required for reasonable suspicion under s527c crimes act?

Answer 23

Must prove there is a reasonable suspicion that the thing is stolen or unlawfully obtained.

The suspicion attaches to the goods not the person.

Question 24

Is reasonable suspicion an objective or subjective,?

Answer 24

Objective. Reasonable suspicion is based on facts which would create a reasonable suspicion in the mind of a reasonable man.

Question 25

Do we need to prove goods stolen or unlawfully obtained?

Answer 25

No. Tucks v manly and R v Chan. All that’s required is to prove reasonable suspicion.

Even if a person brings a receipt to court if the suspicion still attaches may still be convicted.

Question 26

When does the suspicion need to be formed?

Answer 26

Rv English : at the time of the proceeding before the magistrate

Question 27

What information may be relied upon in proceedings?

Answer 27

Clearly v hammond: information relied on not confined to information known to police at the time of charging, rather its a conclusion thzt mustbe reached upon the whole of the circumstanxes before the court.

Question 28

What is the onus or proof?

Answer 28

Prosecution beyond all reasonable doubt.

R v chan: can rely on combination of circumstances

Question 29

What must be in an indictment for GIC charge?

Answer 29

Must particularise the property (if money specify the denominations)

Do not have to specify if relying on items being stolen or if they were unlawfully obtained.

Question 30

If some property belongs to the defendant can they still be convicted?

Answer 30

Yes. Edens v clearly.

Question 31

What other issues may come up prosecuting a GIC charge?

Answer 31

1. Did the accused have custody of the goods?
2. Was there a reasonable suspicion attached to the goods?
3. Has the accused been charged with the correct subsection.
4. Was the search lawful.

Question 32

Can an offence under the wrjng subsection be amended?

Answer 32

No. Separate off3nces.

Question 33

If anoffence is dismissed is there doubl3 jeapodaryin charging for a different offence with same property under section 527C?

Answer 33

No double jeapodary. As separate offence with a different element.
?* be conscious of statute of limitations.