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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:

  1. You stole, destroyed or damaged with intent to steal any cultivated root or plant
  2. That root or plant was for food, medicine, distilling, dyeing or manufacture
  3. It was on inclosed land but not in a garden, orchard, pleasure-ground or nursery-ground, and
  4. 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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