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Written by
Lionel Rattenbury
Criminal Defence Lawyer


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Commonwealth Offences - Federal
Welcome to the Federal Goods in custody article page. Everything you need to know about Goods in custody according to Federal law - Dated: 01/09/2009

What the Law States according to Federal Law for Goods in custody
According to Federal Law for the charge of Goods in custody,

The Maximum Penalty - Goods in custody
According to Federal Law for the charge of Goods in custody,

The maximum penalty for the charge of goods in custody (Section 527C(1)(a) of the Crimes Act) is a fine of five penalty units and/or six months imprisonment.

In NSW, a court can impose any of the following penalties for a Goods in custody charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of goods in custody, if heard in the Local Court, is likely to be a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

For first time offenders the likely penalty is a fine of $400.

What the Police must prove according to Federal Law for Goods in custody

To convict you of a Goods in custody charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You gave custody of a thing to a person who was not lawfully entitled to possession of the thing.
  2. The thing may be reasonably suspected of being stolen or unlawfully obtained.

They will also need to prove that you were the person who committed the Goods in custody offence.

Possible Defences under Federal Law - Goods in custody

Possible defences to a Goods in custody charge include but are not limited to:

In Federal which court will hear the matter - Goods in custody

This matter is a summary matter and can only be finalised in the Local Court.

Section 10 for a use of Goods in custody charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for Goods in custody charge: When deciding the amount of a fine for a use of prohibited drugs charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for Goods in custody charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for Goods in custody charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for Goods in custody charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for Goods in custody charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for Goods in custody charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for a use of prohibited drugs charge: This is the most serious penalty for the charge of Goods in custody charge and involves full time detention in a correctional facility. Read more.

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
44613 Goods in personal custody suspected being stolen (motor vehicle)
44591 Goods in personal custody suspected being stolen (not motor vehicle)
59820 Goods in personal custody suspected being stolen (vessel)
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