Law Information - Robbery Offences - SA

Unlawful Possession

Date: 09/01/2009

The Law - It is an offence for a person to have in his or her possession goods which the police suspect have been unlawfully obtained. Once the police establish a reasonable suspicion that the goods were unlawfully obtained, the person must prove, on the   balance of probabilities, that the goods were lawfully come by. Unlawful possession is generally used when a person has stolen goods in their possession but the   prosecution are unable to establish that they are responsible for the theft itself.

The Maximum Penalty for Unlawful Possession

The maximum penalty is two years gaol or $10,000 [  Summary Offences Act 1953 s 41].

What the prosecution must prove - Unlawful Possession

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Possible Defences - Unlawful Possession

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The Court process - Unlawful Possession

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