Loitering and trespass

28 Being found in public place preparing to commit offence

(1)

Every person commits an offence who is found in any public place behaving in a manner from which it can reasonably be inferred that he is preparing to commit an imprisonable offence.

(2)

Every person who commits an offence against this section is liable—

(a)

to a fine not exceeding $2,000; or

(b)

for a second or subsequent offence within a period of 12 months, to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.

(3)

In determining for the purposes of a prosecution under this section whether it can reasonably be inferred from anything proved to have been done by the defendant at the material time that he was preparing to commit an imprisonable offence, the court may have regard to his previous convictions of a similar nature (if any), and for that purpose evidence of any such conviction shall be admissible accordingly.

Compare: 1927 No 35 ss 52(i), (j), 81; 1954 No 50 s 40(1); 1967 No 154 s 2(1)

Section 28 heading: amended, on 1 July 2013, by section 4(1) of the Summary Offences Amendment Act 2013 (2013 No 33).

Section 28(1): amended, on 1 July 2013, by section 4(2) of the Summary Offences Amendment Act 2013 (2013 No 33).

Section 28(2)(a): amended, on 1 January 1998, by section 7 of the Summary Offences Amendment Act 1997 (1997 No 97).

Section 28(2)(b): amended, on 1 January 1998, by section 7 of the Summary Offences Amendment Act 1997 (1997 No 97).

Section 28(3): amended, on 1 July 2013, by section 4(3) of the Summary Offences Amendment Act 2013 (2013 No 33).