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Going equipped for stealing
Going equipped for stealing
Fraud / Dishonesty / Theft Offences - VIC
The Law - Going equipped for stealing
What the Law states - Going equipped for stealing
Crimes Act 1958 - SECT 91
Going equipped for stealing etc.91. Going equipped for stealing etc.
(1) A person shall be guilty of a summary offence if, when not at his place of abode, he has with him any article for use in the course of or in connexion with any burglary, theft or cheat.
(3) Where a person is charged with an offence under this section, proof that he had with him any article made or adapted for use in committing a burglary, theft or cheat shall be evidence that he had it with him for such use.
(4) On the conviction of a person for an offence under this section, the court may order the article to be forfeited to the Crown and disposed of in the manner set out in the order.
Maximum Penalty in Victoria
2 years
What the Prosecution must prove - Going equipped for stealing - Vic
(a) The accused had an article with him for the purpose of a theft, burglary or cheat.
(b) The accused was not at his home at the time of the offence.
Possible Defences - Going equipped for stealing
(a) Duress.
(b) Factual dispute.
(c) Lack of intent.
(d) Necessity.
Which court will hear the charge of Going equipped for stealing
Magistrates' Court.
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
