In New South Wales, being unlawfully in possession of property is an offence under Section 527C of the Crimes Act 1900. Also known as ‘goods in custody’, this charge arises when a person has property in their possession that a reasonable person would suspect was stolen or unlawfully obtained.

To secure a conviction, the prosecution must prove beyond reasonable doubt that:

• The accused had custody or control of the property, and
• There were reasonable grounds to suspect the property was stolen or unlawfully obtained.

Elements of the Offence

Possession
The accused must have had custody or control of the item. This could mean physically holding it, keeping it at their home, or even giving it to another person to hold.

Reasonable Suspicion
A reasonable person, based on the circumstances, would suspect the item was stolen or unlawfully obtained. Suspicion must be supported by factual grounds.

‘Any Thing’
The law applies broadly to a wide range of items, from personal belongings to vehicles.

Penalties

Non-vehicle goods: Up to 6 months imprisonment or a fine of 5 penalty units (approximately $550).

Motor vehicles or vessels: Up to 12 months imprisonment or a fine of 10 penalty units (approximately $1,100).

Possible Defences

Several legal defences may apply to goods in custody charges, including:

• No Reasonable Suspicion: demonstrating there was no valid basis for the police to suspect the item was stolen.
• Lawful Possession: showing the property was legally acquired or rightfully in the accused’s custody.
• Duress or Necessity: proving the possession occurred under threat or unavoidable circumstances.
• Claim of Right: establishing a genuine belief that the accused was entitled to the property.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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