June 24, 2013

Police v DB: goods in custody

Facts:

DB was found with an apple I-Pod in his possession. He told police that his friend gave the I-pod to him so he could download some songs. He was charged with goods in custody pursuant to s 527c of the Crimes Act.

Outcome:

The defence took objection to certain admissions made by the young person as those admissions were made in the absence of a support person. Those admissions were excluded. It was argued that at the close of the prosecution case, there was no evidence that could give rise to a reasonable suspicion that the item was stolen or otherwise unlawfully obtained. The charge was dismissed.

Testimonial:

Thanks Peter. My friend really did give me that iPod and I honestly had no idea that it may have been stolen. The police were just picking on me.”