June 24, 2013

Police v DB: Property offence charges defended by our criminal lawyers

Goods in custody – section 527C Crimes Act 1900 (NSW) – plea of not guilty – charge dismissed

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 section 527c of the Crimes Act.

Held:

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.”

 

Contact O’Brien Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961