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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:
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:
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