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Stealing a Fence

Stealing a Fence is an offence under Section 515 of the Crimes Act 1900 which carries a maximum penalty equivalent to the damage caused in addition to 1 penalty unit, which is currently $110.

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

  1. You stole, cut, broke or threw down with intent to steal any part of a live or dead fence or any material set up or used as a fence, stile or gate, and
  2. The property belonged to another

Defences to the charge include:

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

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