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:
- You stole, destroyed or damaged with intent to steal any plant, root, fruit or vegetable produce
- The property was growing in a garden, orchard, pleasure-ground, nursery-ground, hothouse, greenhouse or conservatory, and
- The property belonged to another
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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