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Being a Convicted Person Found With Intent

Being a Convicted Person Found With Intent is an offence under Section 546B of the Crimes Act 1900 which carries a maximum penalty of 6 months in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You have been convicted of an indictable offence, and’
  2. You were found at a later time in or near any premises or public place with the intention of committing a further indictable offence

An ‘indictable offence’ is one which can be referred to a higher court such as the district or supreme court.

These offences normally carries maximum penalties of more than 2 years in prison.

‘Premises’ includes any structure, building, vehicle, vessel or place, whether built upon or not.

‘Public place’ is a place or part of a premises that is open to, or used by the public, whether or not for payment, and whether publicly or privately owned.

Defences to the charge include:

  1. Self-defence
  2. Duress, and
  3. Necessity

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