Tuvalu Island Courts Bench Book - Federal Court of Australia

Larceny (theft) of or damage to fence
Section ss273 and 251 Penal Code (Cap 8)
Description
Every person is guilty of an offence who steals, or cuts, breaks or
throws down with intent to steal, any part of any live or dead fence,
post, pale, wire or rail used as a fence, or stile or gate.
Section 251 defines stealing as, fraudulently and without claim of
right made in good faith, taking and carrying away a thing capable
of being stolen, without the consent of the owner and with the intent
of permanently depriving the owner of the thing.
Elements • The person named in the charge is the same person who is
appearing in Court;
• Either:
the accused stole any part of a fence, etc, that did not
belong to him or her; and
the accused had the intention of permanently depriving
the owner of the fence, etc, at the time he or she took it.
Or:
the accused cut, broke, or threw down any part of a
fence, etc, that did not belong to him or her; and
the accused did this with the intention of stealing it;
• The accused did this fraudulently and without claim of right
in good faith;
• The owner of the fence, etc, did not consent to the taking,
damaging or destroying.
Commentary
For any charge under this section:
Burden and standard of proof
The prosecution must prove all the elements beyond reasonable
doubt. If the defence establishes to your satisfaction that there is a
reasonable doubt, then the prosecution has failed.
Identification
Tuvalu Island Courts Bench Book June 2004