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Receiving an Unlawfully Killed Animal

Receiving an unlawfully killed animal is an offence under section 190 of the Crimes Act 1900, which carries a maximum penalty of 14 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You received, disposed of or attempted to dispose of an unlawfully killed animal
  2. You knew the animal had been unlawfully killed, and
  3. You did so with intent to steal the animal or any part of it.

To ‘steal’ is to dishonestly take the property of another with the intention of permanently depriving the owner of it.

There must be some physical movement of the property and the intention to permanently deprive must be formed at the time of taking, rather than at some later time.

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Claim of right, which means you genuinely believed you were legally entitled to the property.

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