Victorian Consolidated Legislation

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.