Possession of instruments for breaking into coin-operated or currency exchange devices
352 Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is or was intended to be used for that purpose, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
Annotations | French
- Section 352
- The term “possession” is defined in s 4(3).
- An instrument is “suitable for the purpose of breaking into a coin-operated device or a currency exchange device” if a reasonable person would believe that the instrument could be used for that purpose, even if the actual instrument could not have performed that purpose (R v Garland and Clowe, 1978 CanLII 2296 (NL SC) at para 28.)