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Written by
Kristina Kothrakis
Criminal Defence Lawyer


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Other Criminal Offences - VIC
Welcome to the VIC Escaping from lawful custody article page. Everything you need to know about Escaping from lawful custody according to VIC law - Dated: 09/01/2009

What the Law States according to VIC Law for Escaping from lawful custody
According to VIC Law for the charge of Escaping from lawful custody,

Summary Offences Act 1966 - SECT 49E

Escaping from lawful custody

49E. Escaping from lawful custody

A person must not escape or attempt to escape from-

(a) any place in which he or she is being lawfully detained; or

(b) any person in whose legal custody he or she is or by whom he or she is being lawfully detained.

Penalty: 2 years imprisonment.

The Maximum Penalty - Escaping from lawful custody
According to VIC Law for the charge of Escaping from lawful custody,
2 years imprisonment

What the Police must prove according to VIC Law for Escaping from lawful custody

1. The accused was being lawfully detained, or in the legal custody of a person

2. That the accused escaped, or attempted to escape from that custody

Possible Defences under VIC Law - Escaping from lawful custody

1. Factual dispute

2. The detention was unlawful

3. Lack of intent

In VIC which court will hear the matter - Escaping from lawful custody

Magistrates' Court

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