Larcney Goods In Custody Flashcards
Persons unlawfully in possession of property aka Goods in custody
What is the section for it ?
What is the section?
s.527C Crimes Act 1900
Elements of s.527C
The accused
Has any thing in his or her custody
Has any thing in the custody of another person
Has any thing in or on premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or
Gives custody of any thing to a person who is not lawfully entitled to possession of the thing
AND the thing may be reasonably suspected of being stolen or otherwise unlawfully obtained
Persons unlawfully in possession of property aka Goods in custody
Why have this offence
Why have this offence?
Relates to some form of unlawful possession of property
Reflects the fact that the person with goods that are reasonably suspected of being stolen or otherwise unlawfully obtained has custody/possession
The person may not be convicted of the original Larceny offence but has since come into custody/possession of the property
What do we have to do (prove) or not do (prove) under s.527C
Police do not have to prove the goods in the custody of the accused were stolen
Police must prove that it was reasonable to suspect the goods were stolen or otherwise unlawfully obtained.
Persons unlawfully in possession of property aka Goods in custody
What must we attach the suspicion too?
But, we must take into consideration?
What must we attach suspicion to?
Suspicion attaches to the GOODS not the person in whose custody the goods are found.
BUT, we must take into consideration?
All circumstances
Persons unlawfully in possession of property aka Goods in custody Men’s Rea possession ? We police must prove accused had? The knowledge ? The existence?
Mens rea of possession
We (police) must prove the accused had…?
Knowledge..?
Of the existence of the item
Knowledge..?
Of the likely nature of the item
Example of Existence of the item
I know there are ten mobile phones in my backpack
Example of Nature of the item
I may think the ten mobiles are, or are likely to be, stolen property
Must have both actus reus and mens rea of possession present to proceed with possession-related offences.
What is the section for a defence to:
What must the defendant satisfy to the courts?
Persons unlawfully in possession of property
s.527C (2)
He or she had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained
Receiving stolen property where stealing a serious indictable offence
What section is this?
What are the elements?
What section is this?
s.188 Crimes Act 1900
Elements?
The accused
Receives, disposes of, or attempts to dispose of stolen property
The stealing amounts to a serious indictable offence
The accused knew the property was stolen at the time they received, disposed of, or attempted to dispose of it
Receiving stolen property where stealing a serious indictable offence
Why have an offence of receiving?
Hat must the stealing of property amount too?
Why have an offence of Receiving?
To reduce the market for thieves. If people are deterred from receiving stolen property, then hopefully theft would be reduced.
What must the stealing of property amount to?
To be convicted under s.188, must be shown that the stolen property received, or disposed of or attempted to be disposed of by the accused was the proceeds of a serious indictable offence, for e.g. Larceny.
Receiving stolen property where stealing a serious indictable offence
What must the accused know regarding the stolen property?v
What must the accused know regarding the property?
It must be proven that the accused knew it was stolen at the time they received it, disposed of or attempted to dispose of
Differences between GIC and Receiving stolen goods
Goods in Custody
Must be proven? –
Proven that the goods are reasonably suspected of being stolen or unlawfully obtained
We (Police) don’t have to prove? -
Police do not have to prove the goods in the custody of the accused were stolen
We (Police) have to prove? –
Police must prove that it was reasonable to suspect the goods were stolen or otherwise unlawfully obtained.
Receiving stolen goods
Must be proven? –
Proven that the accused knew the goods were stolen at the time they received, disposed of or attempted to dispose of them
Receiving stolen property where stealing a serious indictable offence
What is an important element in proving receiving?
What does the state law regarding this?
What is an important element in proving receiving?
Knowledge in the mind of the accused
What does the law state regarding this?
States, at the time the accused received or disposed of or attempted to dispose of the goods, they KNEW it was stolen in circumstances amounting to a serious indictable offence
What is a subpoena?
What is the timeframe for issuing a subpoena for a witness to give evidence?
What is the timeframe for issuing a subpoena for a person to produce documentation?
What is a subpoena?
Court issued document that requests a person or documentation to be brought before the court
What is the timeframe for issuing a subpoena for a witness to give evidence?
At least five working days before the witness is required to attend court to give evidence.
What is the timeframe for issuing a subpoena for a person to produce documentation?
Not more than 21 days
What are the methods of serving a subpoena?
What are the methods of service for subpoenas?
By handing it to the person
If the person is an inmate of a correctional centre, by handing it personally to the officer in charge or by post/fax/email
By sending it by post to the person’s residential address
By sending it by fax to the person’s residential address
By sending it by email to the person’s personal email address, with their consent
What must police do after serving a subpoena?
What must Police do after serving a subpoena?
Complete the statement of service, on the template/e-form
Endorse COPS
Forward a copy of the subpoena to the Local Court where the matter is being heard
Print a Service Copy
Attach it to the Prosecutor’s Copy of the Brief of Evidence
