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Goods in Custody
Plead not guilty:
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
a) Had any thing in his or her custody; or
b) You had any thing in the custody of another person; or
c) You had any thing in or on premises, whether belonging to or occupied by yourself or not, or whether that thing is there for your use or the use of another; or
d) You give custody of any thing to a person who is not lawfully entitled to possession of the thing.
2. And that thing may be reasonably suspected of being stolen or otherwise unlawfully obtained.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if the court is satisfied that you had no reasonable grounds for suspecting the thing was stolen or unlawfully obtained.
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.
The offence of Goods in custody carries a maximum penalty of $5,500.00 and/or 6 months imprisonment in the Local Court. However, Goods in custody is an offence frequently dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty and you will have no criminal record. To find out more about a section 10, click here.
Generally, penalties that a court can impose for any criminal offence in NSW are:
- Section 10 – No conviction recorded
- Section 9 – Good behaviour bond
- Community service order
- Section 12 – Suspended sentence
- Intensive correction order
- Home detention
- Prison sentence
Case Study - Goods in Custody- Section 10
Our client was charged with goods in custody following a police search of his vehicle (a search we were convinced was illegal) and police finding more than $7000.00 in cash. The cash was confiscated by the police and our client was required to attend Campbelltown Local Court in June 2012 to face the charges.
The brief of evidence disclosed that our client provided a version of events to the police explaining where the money came from.
The police had not cautioned our client with his rights to remain silent, and alleged that he had provided a bogus story to police at the scene of the crime.
Our client denied that he provided that particular story alleging that police were not truthful in their statements in the brief of evidence. He advised us of where the money really came from. We obtained a statement from our client’s mother and bank records showing the source of the money, essentially establishing that the money came from a legitimate source.
We submitted this material to the police together with written submissions on why the charges should be dismissed.
Naturally, the police agreed without hesitation to drop the charges and returned the money immediately.
Our client was charged with goods in custody, he had a number of cheques and credit cards in his vehicle in other people’s names.
Our solicitor negotiated the facts which effectively removed any connection to more serious criminal offences and criminal groups.
Our solicitor encouraged our client to find permanent employment and clean up his life during the course of the proceedings.
The sentence was dealt with at Waverley Local Court before Her Honour Magistrate Farnon who was convinced that that offence was not a serious offence and that our client was making a genuine attempt to steer his life in the right direction. Her Honour was convinced that this offence was out of character and extended the leniency of a section 10(1)(b) order.
This was a great result for our client.
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