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Stealing a Confined Animal

Stealing a Confined Animal is an offence under Section 505 of the Crimes Act 1900, which carries a maximum penalty of 5 penalty units, which is currently $550.

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

  1. You stole an animal or killed it with the intention of stealing it, and
  2. The animal was ordinarily kept in a state of confinement or kept for any domestic purpose

The maximum penalty increases to 12 months in prison if it is your second or more offence under the same section.

Defences to the charge include:

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

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