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Stealing Dead Wood

Stealing Dead Wood is an offence under Section 518 of the Crimes Act 1900 which carries a maximum penalty equivalent to the property involved 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, destroyed or damaged with intent to steal any dead wood, and
  2. The wood was lying on land in the occupation of another person

Defences to the charge include:

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

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