Goods in Custody
Pursuant to section 527C of the Crimes Act 1900, any person who has any thing in their custody or on their premises, or gives custody of any thing to a person not lawfully entitled to possession of that thing, which may be reasonably suspected of being stolen or otherwise unlawfully obtained, is liable for conviction. Police rely on this offence where they suspect that a person has in their property something that was at some point stolen or unlawfully obtained.
The maximum penalty for ‘goods in custody’ varies depending on the type of property allegedly unlawfully in the person’s possession. If the ‘good’ is a motor vehicle or vessel, then the maximum penalty is 12 months imprisonment and/or a fine of $1,100.00. If the item is something else then the maximum penalty is 6 months imprisonment, and/or a fine of $550.00.
The test that courts use to determine what is ‘reasonably suspected’ of being stolen is that of whether a reasonable person would suspect the goods of being unlawfully obtained. The police do not need to actually prove that the item was in fact stolen or unlawfully obtained; reasonable suspicion is enough. It is also not necessary to make out that the person in possession of the goods is the person who stole them.
To successfully defend this charge the accused person will need to make out that he or she did not suspect the item to be stolen or unlawfully obtained.
Larceny
The offence of larceny falls under section 117 of the Crimes Act 1900, and essentially refers to theft and stealing offences. The elements of larceny are not listed under the statute, and instead stem from common law (case law). These elements require that a person ‘wrongfully took and carried away,’ ‘the personal goods of another,’ ‘with the intent of permanently depriving the owner of such property;’ and ‘without the owner’s consent’.
The maximum penalty for larceny varies depending on the value of the property stolen, and in which Court the matter is finalised. Where the value of the property is less than $2,000 the maximum penalty is 2 years imprisonment and/or a fine of $2,200.00. If the value of the property is more than $2,000 and less than $5,000, then the maximum penalty is 2 years imprisonment and/or a fine of $5,500. If the value exceeds $5,000, the maximum penalty is 2 years imprisonment and/or a fine of $11,000.
Note that even where property has only been obtained for a certain amount of time with the intention of returning the goods, where the offender has obtained some personal benefit then the prosecution can argue that it was obtained for a temporary purpose and still make out larceny. In the case of a person honestly and genuinely believing they were entitled to the property, larceny will not be made out. This is assessed based on what ‘a reasonable person’ would assume.
Robbery
A charge of ‘robbery or stealing from the person’ falls under section 94 of the Crimes Act 1900 and covers ‘whosoever robs or assaults with intent to rob any person, or steals any chattel, money, or valuable security from the person of another’. Robbery offences are very serious charges, and begin with a maximum term of imprisonment of 14 years. Some robbery offences carry a term of full-time imprisonment where a plea of guilty is entered. A robbery offence will be evoked where there is a stealing of property, from a person or the person’s control, ‘by violence or threat of violence’. Robbery requires the taking of property from the person or in their presence, which differs from the requirements of larceny. For this reason it is a far more serious charge.
If the robbery occurs ‘in circumstances of aggravation’ the term of imprisonment will be increased to 20 years. ‘Circumstances of aggravation’ include the use of corporal violence, or where the offender intentionally or recklessly inflicts actual bodily harm on the person, or where the offender deprives a person of their liberty. Where the victim is wounded or receives grievous bodily harm, the offender will be liable for a term of imprisonment of up to 25 years.
The offence of ‘entering dwelling-house’ pursuant to section 111 of the Crimes Act 1900 carries a maximum term of imprisonment of ten years, and covers ‘whosoever enters any dwelling-house, with intent to commit a serious indictable offence therein’. A ‘serious indictable offence’ includes any ‘serious indictable offence’ charge under the rest of the legislation, meaning robbery, assault, etc.
The offence of ‘breaking out of house after committing or entering with intent to commit a serious indictable offence’ falls under section 109 of the Crimes Act 1900 and carries a maximum term of imprisonment of 14 years. Where a person breaks into a house with the intent to murder a person, or inflicts grievous bodily harm upon any person, they will be liable for 25 years.
In circumstances that are considered ‘aggravated’, whether due to the presence of a weapon, a co-accused, or the use of violence, the severity of the charge will be increased. Similarly if there are persons present at home at the time of the break and enter, the charge will be considered ‘aggravated’.