Loitering Near Schools

By Doogue + George Criminal Defence Lawyers

 

The Maximum Penalty for Loitering Near Schools in Melbourne – How serious is this charge?

There is a maximum penalty of 2-5 years of imprisonment or a fine of 240-600 penalty units for anyone found guilty of committing the offence Loitering Near Schools. The maximum penalty that could be imposed by the Court depends on what section of the legislation for this offence applies. Loitering Near Schools is a very serious offence which may carry a prison term on a finding of guilt. Cases related to this charge are primarily heard before a Magistrate in the Magistrates’ Court.

 

The legislation on Loitering Near Schools

Section 60B of the Crimes Act 1958 is the relevant law for Loitering Near Schools and is as follows:

                       

Loitering Near Schools, etc.
         
(1) In this section, sexual offence means-
 
   (a)  an offence against section 38, 39, 40, 44(1), 44(2), 44(4), 45, 47, 47A, 48, 49, 55 or 56; or
 
   (b)  any offence specified in clause 7A, 7B, 8, 9, 10 or 12 of Schedule 8; or
 
   (c)  an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) or (b).
(2) A person who-
 
   (a)  has been found guilty of-
 
   (i)  a sexual offence; or
 
   (ia) an offence against-
 
                (A)  section 5, 6, 7 or 11 of the Sex Work Act 1994; or
                (B)  section 6, 7, 8 or 9 of the Prostitution Regulation Act 1986; or
                (C)  section 59(1)(a) or (b) or 60 inserted in this Act on 1 March 1981 by section 5 of the
                     Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the
                     Crimes (Sexual Offences) Act 1991; or
 
   (ii) murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or
 
   (iii) an offence against section 19 of the Summary Offences Act 1966; or
 
   (iv) an offence against section 68, 69 or 70 or an offence of attempting to commit an offence against section 69; or
 
   (v)  an offence against-
 
                (A)  section 60A of the Classification of Films and Publications Act 1990; or
 
                (B)  section 168A, 168B or 168C of the Police Offences Act 1958- as in force at any time before its repeal; and
 
   (b)  is found loitering without reasonable excuse in or near-
 
   (i)  a school, a children's services centre or an education and care service premises; or
 
   (ii) a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering- is guilty of an offence.
 
(2A) An offence against subsection (2) is-
 
   (a)  an indictable offence for which the offender is liable to level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) if at the time of the commission of the offence the offender had previously been sentenced as a serious sexual offender (within the meaning of Part 2A of the Sentencing Act 1991) for a sexual offence (within the meaning of that Part) or a violent offence (within the meaning of that Part); or
 
   (b)  a summary offence for which the offender is liable to level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) in any other case.
 
(3) If a person has at any time been convicted of an offence against a law of another State or a Territory of the Commonwealth which creates an offence substantially similar to a sexual offence the conviction for the offence against that law must be taken for the purposes of this section to be a conviction of a sexual offence.
 
(4) In this section-
 
children's services centre means a place at which a children's service within the meaning of the Children's Services Act 1996 operates; education and care service premises means a place at which an education and care service (other than a family day care service) within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children.
 
(8F) Jury warnings

 

Pleading guilty or not guilty to Loitering Near Schools in a Melbourne Court

Deciding on whether to plead guilty to Loitering Near Schools or not has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.

 

Elements of the charge of Loitering Near Schools in a Melbourne Court

The Prosecution must show that the defendant has been found guilty of committing a sexual offence as defined under section 60B(1). The defendant must then have been found loitering near a school, kindergarten, child care centre, or a public place as defined under the Summary Offences Act 1966.

 

Defending the charge of Loitering Near Schools in a Melbourne Court                            

Defences that are often run in relation to these charges are primarily factual and identification disputes. Defence lawyers may also rely on a defence of a lack of intent in some cases.

 

For more information on Loitering Near Schools, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).

 

Doogue & O’Brien Melbourne can provide you more detail about this

Our Head Office is at 5/221 Queen Street, Melbourne

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)


http://www.criminal-lawyers.com.au/about-us/melbourne-criminal-lawyers

 

This article was written on Aug. 21, 2012 and relates to the law that it stands at this time.

 




Findlaw

We welcome your feedback

Hi there! We want to make this site as good as it can for you, the user. Please tell us what you would like to do differently and we will do our best to accommodate!

   
Protected by FormShield


 
 
We've updated our Privacy Statement, before you continue. please read our new Privacy Statement and familiarise yourself with the terms.