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Going Equipped for Stealing

Fraud / Dishonesty / Theft Offences – VIC

Welcome to the VIC Going equipped for stealing article page. Everything you need to know about Going equipped for stealing according to VIC law.

What the Law States according to VIC Law for Going equipped for stealing

According to VIC Law for the charge of 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.

The Maximum Penalty – Going equipped for stealing

According to VIC Law for the charge of Going equipped for stealing, 2 years.

What the Police must prove according to VIC Law for Going equipped for stealing

(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 under VIC Law – Going equipped for stealing

(a) Duress
(b) Factual dispute
(c) Lack of intent
(d) Necessity

In VIC which court will hear the matter – Going equipped for stealing

Magistrates’ Court

 

Date: 09/01/2009

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