Key Words: Contested hearing – two charges of goods in personal custody suspected of being unlawful, Section 527C Crimes Act 1900 – possess housebreaking implements, Section 114 Crimes Act 1900 – possible unlawful search
ASG was cycling when he was pulled over by police. The officers proceeded to search ASG, even though they did not make the reasons for their suspicion clear. The officers found several items of women’s clothing and make-up in his second bag; they also found two remote control garage operators. As they continued the search, they found a pair of gloves and a screwdriver.
Police charged ASG with two counts of possessing stolen property in relation to the first lot of items, and one count of possess housebreaking implements in relation to the screwdriver and gloves.
In a contested hearing, the defence argued that the prosecution could not prove beyond reasonable doubt that the first items were stolen. Without satisfying that element of proof, ASG was found not guilty on the two charges of possessing stolen property.