49BLoitering with intent to commit an indictable offence

49B Loitering with intent to commit an indictable offence (1) A person who— (a) is a known or reputed thief or is known or reputed to have committed drug-related offences; and (b) is loitering in a public place; and (c) is so loitering with intent to commit an indictable offence; and (d) while so loitering engages in conduct in the furtherance of the commission of that indictable offence— is guilty of an offence and liable to a term of imprisonment not exceeding 2 years. (2) In a proceeding for an offence against subsection (1), the informant may give or produce evidence— S. 49B(2)(a) amended by No. 68/2009 s. 97(Sch. item 115.10). (a) to prove that the accused is a known or reputed thief or is known or reputed to have committed drug-related offences; or S. 49B(2)(b) amended by No. 68/2009 s. 97(Sch. item 115.10). (b) to rebut any evidence (including evidence as to general character) given by or on behalf of the accused. S. 49C inserted by No. 56/2005 s. 5.