Unlawfully Possessing Trees, Plants or Fences
Unlawfully Possessing Trees, Plants or Fences is an offence under Section 517 of the Crimes Act 1900 which carries a maximum penalty equivalent to the property involved in addition to 1 penalty unit, which is currently $110.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You possessed the whole or any part of a tree, sapling, shrub, underwood, fence, post, pale, wire, rail, stile or gate, and
- The property belonged to another
Defences to the charge include:
- Necessity
- Duress, and
- Claim of right, which means you genuinely believed you were legally entitled to the property.
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