Author: Andrew George
Practice area: Public Order
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Being Disguised with Unlawful Intent?
Being Disguised with Unlawful Intent is an offence in Victoria under section 49C of the Summary Offences Act 1966. It applies where a person wears a disguise, blackens their face, or possesses a disguise with the intention of committing a crime or facilitating criminal activity.
Key points
- The prosecution must prove a disguise was worn or possessed and that there was an intention to commit a crime
- The offence focuses on concealment of identity linked to planned or intended offending
- Usual court level: Magistrates’ Court
The maximum penalty for Being Disguised with Unlawful Intent is 2 years imprisonment.
Common defences may include lack of intention to commit a crime; innocent or lawful purpose for the disguise; mistaken identity; insufficient evidence of intent.
Have you been accused of Being Disguised With Unlawful Intent?
Police Interview
If the police suspect you of Being Disguised With Unlawful Intent, they will want to conduct a formal interview. They will either telephone you to make an appointment or they will attend your home or place of employment to arrest you and take you to a police station. It is best not to ignore the police request for an interview to avoid the embarrassment of them attending your work or home to arrest you
Before the interview is started, you will be given an opportunity to speak to a lawyer. Do not dismiss this right and think that you can handle this process without speaking with a lawyer first. The interview process is designed to help police compile their evidence against you, it is not designed to assist you. They will use anything you tell them against you if it suits their purpose.
Our lawyers have experience in attending police interviews. We know what they are likely to say and do and we know what your rights and obligations are. We can provide you with detailed advice on the interview process so you know what to expect.
Pleading Not Guilty
If you have been charged with Being Disguised With Unlawful Intent, the next step is to obtain representation from a lawyer about defending the allegation in Court. The police will compile a brief containing evidence they say shows you are guilty of Being Disguised With Unlawful Intent. At Doogue + George Defence Lawyers, we take the time to carefully consider the brief and provide you with a comprehensive defence.
Pleading Guilty
Before making the decision to plead guilty to a charge of Being Disguised With Unlawful Intent, it is essential that you get advice from a lawyer. At Doogue + George Defence Lawyers, we will review the evidence against you to make sure it can be established.
Then we will assist you to prepare for your plea hearing. We will:
- Obtain character references,
- take detailed instructions from you about your personal history and the circumstances that lead to the offending, and
- Direct you to offence specific course.
Examples of Being Disguised with Unlawful Intent
- A person buys a clown mask with the intent of hiding their identity for a bank robbery.
- A person covers their face in shoe polish so they can anonymously rob somebody in the street.
- A person puts on a mask with the intent of burgling a house, but runs away when he sees somebody is home.
Defences
- There was no intent to commit a crime.
- Somebody else committed the offence.
- You were disguised because you were going to a fancy dress party.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions in cases like this
- How do they prove someone intended to commit a crime?
- How can they prove the offender’s identity?
Maximum penalty and court that deals with Being Disguised with Unlawful Intent
The maximum penalty for Being Disguised with Unlawful Intent (s49C of the Summary Offences Act 1966) is 2 years imprisonment.
The charge is heard in the Magistrates’ Court.
Legislation
The section that covers this offence is section 49C of the Summary Offences Act 1966.
What is the legal definition of Being Disguised with Unlawful Intent?
The legal definition of Being Disguised with Unlawful Intent is wearing a disguise or blackened face, or possessing a disguise, with the intention of committing a crime.
