SUMMARY OFFENCES ACT 1966 - SECT 49B Loitering with intent to commit an indictable offence

SUMMARY OFFENCES ACT 1966 - SECT 49B

    (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—

S. 49B(2)(a) amended by No. 68/2009 s. 97(Sch. item 115.10).

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

S. 49B(2)(b) amended by No. 68/2009 s. 97(Sch. item 115.10).

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

S. 49C inserted by No. 56/2005 s. 5.