Penalty for going equipped to steal?

In Victoria, going equipped to steal is an offence under section 91 of the Crimes Act 1958 (Vic). The maximum penalty for this offence is 2 years imprisonment.

However, the actual penalty imposed for going equipped to steal will depend on a range of factors, including the specific circumstances of the offence and the offender’s criminal history. It is ultimately up to the court to determine an appropriate penalty based on these factors, and the range of penalties available to the court may include fines, community correction orders, or imprisonment.

What are the elements of going equipped to steal?

In Victoria, going equipped to steal is an offence under section 91 of the Crimes Act 1958. The following are the elements of the offence:

• The accused had with them any housebreaking implements or any instrument of housebreaking, or any implement capable of being used to enter any premises or any safe or strong-room, or any combination of these things;
• The accused intended to commit an indictable offence, which includes stealing or damaging property, in the premises or place which they entered or intended to enter with the implements;
• The accused did not have a reasonable excuse for possessing the implements or for being in possession of them in the circumstances.

If the prosecution proves all these elements beyond a reasonable doubt, the accused may be found guilty of going equipped to steal.