The maximum penalty for the offence of stealing trees is 5 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
The most common penalty imposed for steal etc tree or plant etc value >$5000 & <=$15000 under section 140 of the Crimes Act is community correction order.
The most common penalty imposed for destroy/damage tree or plant with intent to steal (amount unknown) under section 140 of the Crimes Act is conditional release order with conviction.
The most common penalty imposed for steal tree or plant (up to $2,000) under section 140 of the Crimes Act is section 10A no other penalty and conditional release order without Conviction.
The most common penalty imposed for steal tree or plant (amount unknown) under section 140 of the Crimes Act is community correction order, followed by imprisonment, conditional release order with conviction and section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 10 months and the average non-parole period (the minimum term in prison) is 3 months.
For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.
