Goods In Custody Flashcards
Is goods in custody a common law or statutory offence cite authority?
Statutory. S527C Crimes Act
What are the proofs of the offence for goods in custody?
1 the accused
- Knowingly
- Had a thing
- 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
- Which thing may be reasonably suspected of being stolen or unlawfully obtained
What is premises?
S527C(3) crimes act: premises includes and structure, building, vehicle, vessel or place whether built or not and any part of the structure etc
what mens rea do the prosecution need to prove?
Knowledge. Prosecution must prove the accused had knowledge of the existence of the goods.
He kew teh
What is the meaning of custody?
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.
What is the meaning of thing?
Any physical article of property.
Can a piece of rubbish be a thing?
Yes. Provided physical article. E.g. unused railway tickets and betting slips held to be things.
For an offence under section 527C(1)b) what intention must the defendabt have in relation to the goods.
Must intend to retake physical custody of the goods at a latter time.
What relationship must exist between custody and apprehension?
McPherson Re Moss and Anor. At the time of apprehension must have custody.
What does the magistrate need to be satisfied of to convict for an offence under s527C?
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.
What does the arresting officer need to be satisfied of?
That the thing in question could reasonably be suspected of being stolen or otherwise unlawfully obtained.
What is the statute of limitations for an offence under section 527C?
6months section 179CPA
Unless motor vehicle is the thing (527c(1A)
What if any defence may be raised?
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.
What if suspicion goes beyond belief?
RvGrace: it will not carry the matter outside the section.
What is sextion 527C(1) crimes act
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
What is the offence created by section 527C(1)(a)
Goods in personal custody suspected of being stolen or unlawfully obtained.
What is the offence created by section 527C(1)b crimes act?
Goods in custody of another person suspected of being stolen or unlawfully obtained.
What offence is created by section 527C(1)(c)
Goods in custody in or on premises suspected of being stolen or unlawfully obtained.
Section 527C(1)(d) crimes act
Person gives goods suspected of being stolen or unlawfully obtained to another person (disposal stolen property)
Section 527C(1)(d) crimes act
Person gives goods suspected of being stolen or unlawfully obtained to another person (disposal stolen property)
To what standard does the defendant need to raise the defence?
On balance of probabilities that no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained.
How do we prove an offence under sectiob 527C(1)(d)?
Before the goods were given to another, was the defendant lawfully entitled to possess them.
Gilroy v jebara.
What is required for reasonable suspicion under s527c crimes act?
Must prove there is a reasonable suspicion that the thing is stolen or unlawfully obtained.
The suspicion attaches to the goods not the person.
Is reasonable suspicion an objective or subjective,?
Objective. Reasonable suspicion is based on facts which would create a reasonable suspicion in the mind of a reasonable man.
