Stealing Plants Not Growing in Gardens
Stealing Plants Not Growing in Gardens is an offence under Section 521 of the Crimes Act 1900 which carries a maximum penalty of 2 penalty units, which is currently $220.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You stole, destroyed or damaged with intent to steal any cultivated root or plant
- That root or plant was for food, medicine, distilling, dyeing or manufacture
- It was on inclosed land but not in a garden, orchard, pleasure-ground or nursery-ground, 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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