Section 132.7 Criminal Code Act | Going Equipped for Theft


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

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Going Equipped for Theft matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

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.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.