South Australian Current Acts

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270C—Going equipped for commission of offence of dishonesty or offence against property

        (1)         A person who is, in suspicious circumstances, in possession of an article intending to use it to commit an offence to which this section applies is guilty of an offence.

Maximum penalty:

            (a)         if the maximum penalty for the intended offence is life imprisonment or imprisonment for 14 years or more—imprisonment for 7 years;

            (b)         in any other case—imprisonment for one-half the maximum period of imprisonment fixed for the intended offence.

        (2)         This section applies to the following offences:

            (a)         theft (or receiving) or an offence of which theft is an element;

            (b)         an offence against Part 6A (Serious criminal trespass);

            (c)         unlawfully driving, using or interfering with a motor vehicle;

            (d)         an offence against Part 5 Division 6 (Dishonest dealings with documents);

            (e)         an offence against Part 5 Division 7 (Dishonest manipulation of machines);

            (f)         an offence involving interference with, damage to or destruction of property punishable by imprisonment for 3 years or more.

        (3)         A person is in "suspicious circumstances" if it can be reasonably inferred from the person's conduct or circumstances surrounding the person's conduct (or both) that the person—

            (a)         is proceeding to the scene of a proposed offence; or

            (b)         is keeping the scene of a proposed offence under surveillance; or

            (c)         is in, or in the vicinity of, the scene of a proposed offence awaiting an opportunity to commit the offence.

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