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Stealing Plants in Gardens

Stealing Plants in Gardens is an offence under Section 520 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 any plant, root, fruit or vegetable produce
  2. The property was growing in a garden, orchard, pleasure-ground, nursery-ground, hothouse, greenhouse or conservatory, and
  3. The property belonged to another

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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