Goods in Custody

Question 1

GIC Section?

Answer 1

527C Crimes ACt 1900

Question 2

(1) (a)?

Answer 2

1. Any person who;

a) Has any thing in his or her custody,

Question 3

1 b?

Answer 3

Has anything in the custody of another person,

Question 4

1 c?

Answer 4

Has anything in or on premises whether belonging to or occupied by himself or herself or not, or whether thst thing is there for his/her own use or use of another, or

Question 5

1 d?

Answer 5

Gives custody of thing to a person who is not lawfully entitled to possession of the thing,

Question 6

End of 527c 1?

Answer 6

Which thing MAY be reasonably suspected of being stolen or otherwise unlawfully obtained is liable on conviction before a Local Court.

Question 7

Can you ammend the indictment to reflect a change between a-d? Case?

Answer 7

No, each is a different offence.

Evans v DPP.

Question 8

Would you charge with (b) or (d)? Why?

Answer 8

D, as D covers both temporary giving away and permanent.

Question 9

Statute of limitations for GIC not MV? Section?

Answer 9

6 months. 179 Criminal Procedure Act.

Question 10

Statute of limitations for GIC MV? SEction?

Answer 10

2 years. 527C 1 A.

Question 11

Statutory defence for GIC and section?

Answer 11

527c (2).
Sufficient defence if defendant satisfies court they had no reasonable grounds for suspecting thing referred to in charge was stolen/unlawfully obtained. Subjective and Objective test.

Question 12

First element?

Answer 12

Knowledge.

Question 13

What do you have to prove knowledge of? Case?

Answer 13

existence of the goods, not anything to do with suspicion on them. He Kaw Teh v The Queen.

Question 14

Custody?

Answer 14

Def must be able to exercise immediate actual control of the goods.

Question 15

Does def have to be in custody of item at time of apprehension? Case?

Answer 15

R v English.

Must have custody of item at time of apprehension.

Question 16

Element 4?

Answer 16

Reasonable suspicion.

Question 17

What must suspicion attach to?

Answer 17

Goods, not person.

Question 18

Can other things be taken into consideration other than the goods when it comes to reasonable suspicion? Case?

Answer 18

R v Madden 85 A Crim R 367
Nature of the thing itself, circumstances in which it iwas found in def custody and behaviour of def with respect to it, including any lies or evasion.

Question 19

What kind of test is applied when determining the reasonable suspicion on the goods?

Answer 19

Objective test only. A suspicion based on facts which would create a reasonable suspicion in the mind of a reasonable man. R v Lavelle

Question 20

How does the Court determine the suspicion?

Answer 20

At the time the matter is in court before the magistrate, objectively.

Question 21

Case law in relation to Court determining suspicion at time of matter?

Answer 21

R v English.
It must be determined not according to the subjective beliefs of the police at the time, but according to an objective criterion determened by the court whom the accused stands charged.

Question 22

Double Jeopardy for laying another charge under a different 527c sub section if one is dismissed? Case?

Answer 22

EVans v DPP.

No Double Jeopardy. Can lay another charge of a different sub section.

Question 23

If also charged with larceny and dismissed does this prevent conviction for GIC? Case?

Answer 23

R v Chan.

Does not prevent conviction for GIC.