Other Criminal Offences – VIC

Welcome to the VIC Loitering with intent to commit an indictable offence article page. Everything you need to know about Loitering with intent to commit an indictable offence according to VIC law.

What the Law States according to VIC Law for Loitering with intent to commit an indictable offence

According to VIC Law for the charge of Loitering with intent to commit an indictable offence,

Summary Offences Act 1966 – SECT 49B
Loitering with intent to commit an indictable offence

49B. Loitering with intent to commit an indictable offence

(1) A person who-

(a) is a known or reputed thief or is known or reputed to have committed drug-related offences; and

(b) is loitering in a public place; and

(c) is so loitering with intent to commit an indictable offence; and

(d) while so loitering engages in conduct in the furtherance of the commission of that indictable offence-

is guilty of an offence and liable to a term of imprisonment not exceeding 2 years.

(2) In a proceeding for an offence against subsection (1), the informant may give or produce evidence-

(a) to prove that the defendant is a known or reputed thief or is known or reputed to have committed drug-related offences; or

(b) to rebut any evidence (including evidence as to general character) given by or on behalf of the defendant.

The Maximum Penalty – Loitering with intent to commit an indictable offence

According to VIC Law for the charge of Loitering with intent to commit an indictable offence, 2 years.

What the Police must prove according to VIC Law for Loitering with intent to commit an indictable offence

1. Known or reputed thief or is known or reputed to have committed drug-related offences; and
2. Is loitering
3. In a public place
4. With intent to commit an indictable offence; and
5. While so loitering engages in conduct in the furtherance of the commission of that indictable offence

Possible Defences under VIC Law – Loitering with intent to commit an indictable offence

(1) Lack of intent
(2) Identification dispute
(3) Not a public place
(4) Not loitering

In VIC which court will hear the matter – Loitering with intent to commit an indictable offence

Magistrates’ Court

 

Date: 09/01/2009