Going Equipped?

Question 1

What is the definition of the offence ‘Going Equipped’?

Answer 1

A person shall be guilty of an offence if,
when not at his place of abode,
he has with him
any article for use in the course of
or in connection with any burglary or theft

Question 2

In the offence of going equipped what is the definition of ‘when not in his place of Abode’

Answer 2

The act does not define ‘abode’

• given its natural meaning
• ’ the place or site where someone lives

Question 3

What are the points to prove for ‘Has with Him’

Answer 3

A knowledge of the existence of the article and that the article is ‘to hand and ready for use’

i)be in the offenders pocket or backpack

ii) in the offenders car parked on the side road from the house being targeted

iii) hidden a few feet away under a bush

Question 4

‘For use in the Course of, or in Connection with’ Points to prove?

Answer 4

• The possession must be prior to the commission of the offence R v Ellames
• The articles must be more than merely remotely connected with the proposed offence R v Mansfield
• A direct connection to a specific act of burglary or theft (or taking conveyance) need not be established.

Question 5

What does S.25(3) of Theft Act

Answer 5

This section provides that if the article is made or adapted for use in committing burglary or theft then that is evidence that the defendant had it for that purpose.

Question 6

What is the sentencing for Going Equipped?

Answer 6

Either way offence

summary - 6months and or fine

Indictment - 3 years and /or fine