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