The offence of a person unlawfully in possession of property under section 527C of the Crimes Act 1900 (NSW) occurs where a person has items that are reasonably suspected of being stolen or unlawfully obtained.

Elements

Possession:

The property is in a person’s possession, on their premises, or transferred to another person who is not legally entitled to possess it.

Reasonable Suspicion:

There must be reasonable suspicion that the property was stolen or unlawfully obtained.

Any person who:

• 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,

which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained, is liable on conviction before the Local Court.

Penalties

Other Property: Up to 6 months imprisonment and/or a fine of 5 penalty units.

Motor Vehicles, Vessels, or Parts: Up to 1 year imprisonment and/or a fine of 10 penalty units.

Definitions

Motor Vehicle: Has the same meaning as it has in Division 5A of Part 4.

Premises: Includes any structure, building, vehicle, vessel or place, whether built on or not, and any part of any such structure, building, vehicle, vessel or place.

Vessel: Means a vessel within the meaning of the Marine Safety Act 1998.

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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