Going Equipped for Stealing (Vic)
In Victoria, the offence of going equipped for stealing carries a maximum penalty of 2 years imprisonment. The offence is contained in section 91 of the Crimes Act 1958 and is a summary offence, meaning it can be finalised in the Magistrates Court.
What is going equipped for stealing?
Under section 91, a person is guilty of an offence if they are not at home and they have with them any article for use in the course of or in connection with any burglary, theft or cheat.
What the Police Must Prove
To find a person guilty of going equipped for stealing, the police must prove beyond a reasonable doubt that they:
- Had an article in their possession;
- Intended to use the article in the course of or in connection with a burglary, theft or cheat; and
- Were not at their usual place of residence.
Possible Defence to going equipped for stealing
A person charged with this offence can argue in their defence that they did not intend to use the article for stealing.
Which Court Will Hear Your Matter?
The matter is a summary offence, meaning it must be dealt with in the Magistrates` Court.
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