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Loitering with Intent to Commit an Indictable Offence

In Victoria, Loitering With Intent to Commit an Indictable Offence is found in section 49B of the Summary Offences Act 1966. It is a criminal offence that is committed by a person who is a known or reputed thief or drug offender and who was found loitering in a public place with intent to commit an indictable offence. Whilst loitering, the person must have engaged in a conduct that will further the commission of that indictable offence.
 
Loitering with intent to commit an indictable offence
Have you been accused of Loitering With Intent to Commit an Indictable Offence?

Police Interview
Do the Police want to speak to you about an allegation of loitering with intent to commit an indictable offence? Have you considered how you will respond? It is important you understand what Police are trying to achieve when speaking to you about an allegation of this kind. Police want to speak to you because they suspect you have committed the offence. They will already have spoken to people and obtained statements and other evidence that outline the allegation made against you. You will not be provided with this information before the interview. Proper legal advice will assist you in responding to Police questions in an informed and considered way, that will not make your situation worse.

It is important you know that the Police interview for loitering with intent to commit an indictable offence is not an opportunity for you to explain your side of the story. We can help you do that at another time. The Police are likely to have decided to charge you already. Police officers hope that you will make admissions to loitering with intent to commit an indictable offence, or other surrounding facts, which can then be used against you in court to prove the charge.

You should set up a conference with us before you attend the Police station to be interviewed for advice. We can assist you in understanding the process and purpose of a Police interview to make sure you are properly informed and prepared.

We also attend police interviews for loitering with intent to commit an indictable offence to support and help our clients. Some people feel comfortable having someone present on their side, to answer any questions they may have, and ensure Police are held accountable.

Pleading Not Guilty
We have lawyers who are experts in representing people charged with loitering with intent to commit an indictable offence. We will assist you in building a case to show you are not guilty. We will also analyse the Police case against you. We know what issues to look for with a Police investigation. We will take your matter very seriously and work hard to defend you.

Pleading Guilty to Loitering With Intent to Commit an Indictable Offence
If you need to decide to plead guilty to loitering with intent to commit an indictable offence, we will help you get together all the important material that is required to get a favourable outcome. There might be room to change the Police summary. We can advise you how to best prepare for your plea hearing because we know that good preparation can change the outcome of the penalty that may be imposed and we have confidence we can assist you to achieve a outcome. We have appeared in many pleas of guilty for the offence of loitering with intent to commit an indictable offence.
  • A well-known drug dealer is found standing on a corner known to be a place where drug deals take place. The dealer walks towards a car where there is a supply of ice inside the car.
  • A woman convicted multiple times of theft is found outside a jewellery store tampering with window fittings.

  • You were not loitering.
  • You did not intend to commit a crime.
  • You have a lawful reason for your conduct.
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
  • What were you doing when the Police found you?
  • Can they prove you were intending to commit a crime?

Maximum penalty and court that deals with this charge

The maximum penalty for Loitering with Intent to Commit an Indictable Offence (s49B of the Summary Offences Act 1966) is a term of imprisonment not exceeding 2 years.

Loitering with intent to commit an indictable offence is heard in the Magistrates’ Court.

The section that covers this offence is section 49B of the Summary Offences Act 1966.

What is the legal definition of Loitering with Intent to Commit an Indictable Offence?
The Prosecution must prove that you are a known or reputed thief or known or reputed to have committed drug-related offences. That you were loitering with the intent to commit a crime, and you engaged in conduct to commit a crime.

“Can they prove you intended to commit a crime?”

Other Important Resources
Case studies related to Loitering with Intent to Commit an Indictable Offence
 
What can you be sentenced to for this charge?
Depending on what you were doing at the time the Police found you, and your prior record, in serious cases you could get imprisonment. For less serious cases you may only get a fine or a Community Corrections Order.