Stealing Plants in Pleasure-Grounds
Stealing Plants in Pleasure-Grounds is an offence under Section 140 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 or damaged with intent to steal the whole or any part of a tree, sapling, shrub, plant or underwood
- The property was growing in a pleasure-ground, garden, orchard, park, avenue or any ground belonging to a dwelling-house, and
- The property did not belong to you
A ‘dwelling-house’ includes:
- A building or other structure intended for occupation even if it has never been occupied
- A boat or vehicle in which a person resides, and
- A building or structure that is ancillary to a dwelling-house, which is occupied or whose use is ancillary to the dwelling-house.
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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