Under the Crimes Act 1900, it is a criminal offence to steal trees, shrubs, or any other plants.
It’s also a criminal offence to destroy or damage any plant with the intention of stealing it.
Section 140 of the Crimes Act 1900 says that if you are alleged to have stolen a tree, shrub or any other plant, you may be liable for larceny.
The maximum penalty for larceny is five years imprisonment.
Though this penalty may seem excessive, it’s important to remember that it will only apply in the most serious larceny cases.
Our lawyers have a wealth of experience fighting and winning some of the most complex larceny cases and can advise you of the best steps to take to avoid an onerous penalty.
Section 140 of the Crimes Act 1900 deals with the offence of ‘Stealing Trees’ and reads as follows:
140 Stealing etc trees etc in pleasure-grounds etc
steals, or destroys or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood, growing in any park, pleasure-ground, garden, orchard, or avenue, or in any ground belonging to any dwelling-house, where the value of the article stolen, or the amount of injury done, exceeds two dollars, or
steals, or destroys or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood respectively growing elsewhere than in any situation before mentioned, where the value of the article stolen, or the amount of injury done, exceeds ten dollars,
shall be liable to be punished as for larceny.
Having a larceny charge such as ‘stealing trees’ on your criminal record can negatively impact your life and future.
However, you can give yourself the best possible defence against the charges by seeking assistance from one of our highly experienced criminal defence lawyers.
We have considerable experience fighting a wide variety of larceny matters and can advise you of the best steps to take when it comes to securing a positive outcome in your ‘steal trees’ case.
Unlike other law firms who may urge you to fight the matter in court, we always seek to have the charges dropped as soon as possible by carefully examining the evidence in order to identify problems with the prosecution case.
When these issues are raised appropriately, we can often seek to have the charges dropped, allowing our clients to get on with their lives without the prospect of a defended hearing hanging over their heads.
However, should the prosecution refuse to drop the charges, rest assured that your matter is in safe hands.
We guarantee that you will be represented at all major court dates only by our highly esteemed senior lawyers, who have been recognised for their expert knowledge of criminal law.
Our lawyers will raise all possible defences, as well as any favourable evidence that supports your case in the most compelling manner to maximise your chances of securing a favourable outcome in your case.
We can also assist should you simply wish to plead guilty to the charges – in these cases, our lawyers will prepare compelling sentencing submissions which focus on any positive factors such as your good character and which emphasise the need for a lenient penalty.
We have a long and proud history of achieving ‘section 10s’ where clients wish to plead guilty to larceny charges – where you are found guilty of the offence but no conviction is recorded on your criminal record.
Call us today on (02) 9261 8881 and book your FREE first conference with our lawyers to discus your matter.