Plead Not Guilty:
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
a) had anything in his or her custody; or
b) had anything in the custody of another person; or
c) had anything 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) had given custody of anything to a person who is not lawfully entitled to possession of the thing.
2. The item 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: