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Setting a Trap

Setting a Trap is an offence under Section 49 of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.

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

  1. You placed or set, or caused or knowingly permitted to be placed or set, any trap, device or thing capable of killing or causing grievous bodily harm to a person, and
  2. You intended by doing so to inflict grievous bodily harm on any person

The offence does not extend to any gin or trap intended to destroy vermin or to any trap, device or thing placed in a dwelling-house to protect it.

Grievous bodily harm’ means ‘very serious harm’ it includes, but is not limited to:

  1. The destruction of a foetus, other than by a medical procedure
  2. Any permanent or serious disfiguring, and
  3. Any grievous bodily disease

Defences to the charge include:

  1. Self-defence
  2. Duress, and
  3. Necessity

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