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14. Offences
against public security and order
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Article 113-Offences
of loitering with intent to participate in a crime
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| 113.1 |
Loitering with intent to participate in a crime |
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Loitering with intent to participate in a crime is when an individual or group of individuals are found to be frequenting a location known to be a place of crime, having been observed to be at the same location for a reasonable period of time without dispersing to another location. |
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Primary Fact(s) |
| 1. That the site of the alleged offence is a known site for street crime; and |
| 2. That warning signs of the penalties for such offences and the right to arrest on suspicion were located within two hundred metres of the site alleged offence; and |
| 3. That the accused man or woman was seen loitering for a reasonable period of time at or near the location and having been within clear view of at least one warning sign at one time during the period; and |
| 4. That the law enforcement official had a reasonable impression to believe the man or woman had recently committed, was in the process of committing or would soon commit a crime. |
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Penalty Conditions (Level 1-Crime) |
Type |
Condition(s) |
1-3 |
a) As a first time offender, with no further qualifications. |
4-6 |
a) As a member of a gang, as a first time offender, with no further qualifications; |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) As a convicted offender conversing with another convicted offender;
b) In possession of non-lethal implements for committing crime; |
4-6 |
a) As a repeat convicted offender conversing with another convicted offender;
b) In possession of unregistered knife; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) As a convicted offender conversing with another convicted offender and carrying a weapon; |
4-6 |
a) As a repeat convicted offender conversing with another convicted offender and carrying a weapon; |
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