News release NSW bullion find

Actually when it comes to a GIC charge (Goods in Custody) suspected of being stolen or unlawfully obtained, it's one of the few charges that the onus is on the defense to prove their innocence rather than the prosecution proving the guilt. At least in NSW anyway.

Well yes, whilst the defense needs to justify his/her position (not unlike self defence) it's not technically true that the onus is on the defense to prove his/her innocence. For a court to convict on a Goods in custody charge, the presiding magistrate must be satisfied that he/she reasonably suspects the goods to have been obtained unlawfully. The suspicion must also be attached to the goods not the person and the arresting officers opinion is irrelevant the opinion of the court at the time of the hearing is what that suspicion is based on.

"The suspicion must be reasonably held. It must not be determined by the subjective beliefs of the police at the time but according to an objective criterion determined by the Court before whom the accused stands charged."

For the court to conclude there is reasonable suspicion the goods were illegally obtained that conclusion must contain some probative value. The defendant having form (previous convictions of GIC) is sufficient to satisfy the search without warrant test but not the GIC charges.

It is incorrect to say that once the prosecution has established a prima facie case in matter of goods in custody the onus of proof shifts to the defendant in some way. This misapprehension is a common mistake amongst magistrates, prosecutors, and defence practitioners and is borne of a misreading of subsection (2) and its role in the legislative scheme of s.527C. The common misapprehension referred to above is the very same as the error made by Herron DCJ at first instance in Anderson v Judges of the District Court (1992) 27 NSWLR 201. Similarly the ACT Supreme Court in Fong v Ranse [1999] ACTSC 125 Miles CJ at [16].

The onus in on the prosecution in any criminal proceedings. This is no different in a matter of Goods in Custody.

Like someone else said, not enough information here but either the guy gave the police reason to suspect the bullion was illegally obtained. ie the guy was being evasive about the circumstances of why he had it or where he got it from, or the police officers were incompetent (which isn't unlikely) but if he just purchased it he would be able to substantiate the purchase, receipts or notthere is more to this case that meets the eye.
 
eeek, i just lost my license and am also moving house, so i am probably going to have to take my stack on a train journey some time soon :/
makes me think twice about doing that.
 
Can police confiscate items without charging you?

If that is the case, there's no 3rd party (i.e. the courts) to intervene and it's just you against the pol-ice.
 
Clawhammer said:
Can police confiscate items without charging you?

If that is the case, there's no 3rd party (i.e. the courts) to intervene and it's just you against the pol-ice.

Yes, They are called "Customs" but No, nobody has the authority to just take stuff unless it's outlined in a specific ACT
 
shinymetal said:
eeek, i just lost my license and am also moving house, so i am probably going to have to take my stack on a train journey some time soon :/
makes me think twice about doing that.
Probably worth a taxi fair or a limo I'd say
 
metalzzz said:
shinymetal said:
eeek, i just lost my license and am also moving house, so i am probably going to have to take my stack on a train journey some time soon :/
makes me think twice about doing that.
Probably worth a taxi fair or a limo I'd say

it's a 2 hour drive, so i could get a taxi, or another 10 ounces :P
and honestly, i would rather risk it on public transport and on my way thru the city stop in at goldstackers lol
 
Let's be reality guys.

Police don't want to create themselves extra work.

This person is obviously a known crook and the bullion was, in all likelyhood, found amongst other proveable items from burglaries and thefts. And Johny Crooked who has never worked a day in his life with an extensive heroin addiction and 3 counts of bail for 20 burglaries in the area just happened to have 6k of bullion on him one day with no explanation...?

Those identifiable items will be returned to the owners, should the crook be left with that which the police cannot find an owner for?

What would you have preferred the police do with our silver? As its' more than likely someone from on here's bullion!
 
I just came across this story and am wondering if there was any conclusion. Was the silver stolen? If not, what happened to it?

jV0Ju6Y.jpg
 
Has this ever been tested in the High Court?

Calling a man a thief on pure UNFOUNDED suspicion is a big call.

JMO

OC
 
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