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Being Unlawfully in Possession of Property is also known as ‘goods in custody’ and is an offence under Section 527C of the Crimes Act 1900 which carries a maximum penalty of 6 months in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The maximum penalty increases to 12 months in prison where the thing is a motor vehicle or part thereof or a vessel or part thereof.
You are not guilty of the offence if you are able to establish ‘on the balance of probabilities’ that you had no reasonable grounds for suspecting that the thing was stolen or otherwise unlawfully obtained.
Other defences to the charge include:
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