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Stealing Material Fixed to Property

Stealing Material Fixed to Property is an offence under Section 139 of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.

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

  1. You stole, ripped, cut severed or broke with intent to steal any glass, woodwork, metal or any fixture or utensil
  2. The property was fixed in or to any building, fence or land, and
  3. The property did not belong to you

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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