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Stealing, Destroying or Damaging Plants

Stealing, Destroying or Damaging Plants is an offence under Section 513 of the Crimes Act 1900 which carries a maximum penalty of 6 months in prison.

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

  1. You stole, destroyed or damaged with intent to steal a tree, sapling, shrub, plant or underwood, or part thereof, and
  2. The property belonged to another person

Defences to the charge include:

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

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