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Being armed with intent to commit indictable offence.docx
Offence title:
Being armed with intent to commit indictable offence
Act:
114 Crimes Act (NSW)
Offence:
(1) A person who:
(a) Armed with any weapon or instrument with intent to commit an indictable offence,
(b) Has in immediate possession, without lawful excuse, any housebreaking or safe breaking implements or anything to allow them to enter a conveyance or enter the conveyance and drive it,
(c) Has a blackened or disguised face, or items for this to occur, with intent to commit an indictable offence,
(d) Enters or remains in any building or on land with intent to commit an indicatable offence in or upon the building,
Commits an offence.
Penalty:
Imprisonment 7 years
Summary/Indictable/mixed:
Mixed
Jurisdiction:
Local, District or Supreme Court.
How committed:
Person A is caught in early hours of the morning in a suburb kilometres from where he lives, when searched he is found in possession of a black balaclava, gloves and screwdriver, all in a back pack. He admits to needing money for a drug habit and to trying to steal.
Important note:
Note: the requirement here in (a), (c) and (d) is the intention to commit an indictable offence, not a serious indictable offence.
Conveyance in (b) means: any cab, carriage, motor car, caravan, trailer, motor lorry, omnibus, motor or other bicycle, or any ship, or vessel, used in or intended for navigation, and drive has its ordinary meaning.