Section 132.7 Criminal Code Act | Going Equipped for Theft


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The Legislation

Section 132.7 of the Criminal Code Act 1995 (Cth) is Going Equipped for Theft and is extracted below.

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132.7  Going equipped for theft or a property offence

(1)  A person is guilty of an offence if the person, when not at home, has with him or her any article with intent to use it in the course of, or in connection with, theft or a property offence.

Penalty:  Imprisonment for 3 years.

(2)  In a prosecution for an offence against subsection (1) in relation to:

(a)  theft; or

(b)  robbery; or

(c)  aggravated robbery; or

(d)  the offence of burglary created by subsection 132.4(1); or

(e)  the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(1); or

(f)  an offence against section 134.1;

it is not necessary to prove that the defendant knew that the property concerned belonged to a Commonwealth entity.

(3)  In a prosecution for an offence against subsection (1) in relation to:

(a)  the offence of burglary created by subsection 132.4(3); or

(b)  the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(3);

it is not necessary to prove that:

(c)  the defendant knew that the offence referred to in paragraph 132.4(3)(a) is an offence against a law of the Commonwealth; or

(d)  the defendant knew that the offence referred to in paragraph 132.4(3)(a) is punishable by imprisonment for life or for a term of 5 years or more.

(4)  In a prosecution for an offence against subsection (1) in relation to:

(a)  the offence of burglary created by subsection 132.4(6); or

(b)  the offence of aggravated burglary that relates to the offence of burglary created by subsection 132.4(6);

it is not necessary to prove that:

(c)  the defendant knew that the offence referred to in paragraph 132.4(6)(a) is an offence against a law of the Commonwealth, a State or a Territory; or

(d)  the defendant knew that the offence referred to in paragraph 132.4(6)(a) is punishable by imprisonment for life or for a term of 5 years or more; or

(e)  the defendant knew that the building was owned or occupied by a Commonwealth entity.

(5)  In this section:

property offence means:

(a)  robbery; or

(b)  aggravated robbery; or

(c)  burglary; or

(d)  aggravated burglary; or

(e)  an offence against subsection 132.8(1); or

(f)  an offence against section 134.1.

Note:          It is an element of the offence of theft, and of each property offence, that the property belongs to a Commonwealth entity.