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Goods In Custody Charge? Criminal Offence Lawyers Sydney

MAN CHARGED WITH GOODS IN CUSTODY AS POLICE SEIZE ILLEGAL CIGARETTES AND VAPES

NSW Police have charged a 32-year-old man with the offence of ‘persons unlawfully in possession of property’, commonly referred to as ‘goods in custody’, after he was alleged to have been caught by Forster Highway Patrol driving a truck with over $3.2 million worth of illegal cigarettes and vapes.

At approximately 10.45pm on Monday 6 January 2025, officers stopped the truck that the accused man had been driving after it was alleged to have been detected speeding. Police searched the rear storage area of the truck and allege to have found illegal cigarettes and nicotine vapes, comprising over 20,000 individual vapes and more than 1,600,000 individual cigarettes with an estimated street value of more than $3,200,000.

In addition to being charged with goods in custody, the man was also charged with restricted substance sold by non-wholesaler, and exceed speed limit 10k & under. He was refused bail and was to appear before Forster Local Court on Tuesday 7 January 2025.

THE OFFENCE OF GOODS IN CUSTODY

You may find yourself in what may appear to be the lucrative situation of being offered an item in the street, such as a mobile phone, for far less than its retail value. For example, the seller may be offering you a phone valued at $1800 for $150. Many people may assume that since the product resembles a product that would otherwise be legal, and the seller is selling it willingly, that there are no legal concerns with purchasing the product. However, in purchasing the product and subsequently having possession of it, you may in fact be considered by police to have committed the offence of ‘persons unlawfully in possession of property’, commonly referred to as ‘goods in custody’.

Section 527C of the Crimes Act 1900 (NSW) defines the offence of persons unlawfully in possession of property as being committed by any person who has any thing in his or her custody, or in the custody of another person, or 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.

If a reasonable person may suspect that the $1800 phone being offered to you by a random person in the street for $150 was initially stolen, you best not purchase and take possession of the phone, as obtaining possession of it may constitute you as having committed the offence of persons unlawfully in possession of property/the offence of goods in custody.

WHAT IS THE PUNISHMENT FOR THE OFFENCE OF GOODS IN CUSTODY?

Being convicted of the offence of persons unlawfully in possession of property, commonly referred to as goods in custody, can have serious legal ramifications, as well as further impacts on your social and professional life. If you have been charged, contact our expert criminal lawyers immediately.

Section 527C of the Crimes Act 1900 (NSW) provides that if a person is convicted of the offence of persons unlawfully in possession of property and the thing that is reasonably suspected of having been stolen or otherwise unlawfully obtained is a motor vehicle or a motor vehicle part, or a vessel or a vessel part, the maximum penalty is 1 year imprisonment.

In the case of any other thing reasonably suspected of having been stolen or otherwise unlawfully obtained, the maximum penalty is 6 months imprisonment.

CONTACT CRIMINAL LAWYERS GROUP NOW

Our specialised criminal lawyers have secured the best outcomes for clients charged with the offence of goods in custody/persons unlawfully in possession of property, including Not Guilty verdicts, the Withdrawal of Charges and the avoidance of prison sentences.

If you or someone you now have been charged with the offence of goods in custody/persons unlawfully in possession of property, contact us now for a free consultation so that our expert criminal lawyers can analyse your case, present to you all options and obtain the best outcome for you or your family or friend.

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