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:
- You stole, destroyed or damaged with intent to steal a tree, sapling, shrub, plant or underwood, or part thereof, and
- The property belonged to another person
Defences to the charge include:
- Duress, and
- Claim of right, which means you genuinely believed you were legally entitled to the property
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