Tuvalu Island Courts Bench Book - Federal Court of Australia

Larceny (theft) of or destruction/damage to fruit & vegetables
Section ss274 and 251 Penal Code (Cap 8)
Description
Every person is guilty of an offence who steals, destroys, roots up or
damages with intent to steal, any plant, root, fruit or vegetable
production, used for specific purposes listed, that is growing in any
garden, orchard, pleasure ground, green-house, conservatory or any
land.
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 a plant, root, fruit or vegetable that did
not belong to him or her; and
the accused had the intention of permanently depriving
the owner of the plant, root, fruit or vegetable at the time
he or she took it.
Or:
the accused destroyed, rooted up or damaged a plant,
root, fruit or vegetable 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 plant, root, fruit or vegetable was used for any of the
listed purposes;
• The plant, root, fruit or vegetable was growing in a garden,
orchard, pleasure ground, green-house, conservatory or on
any land;
• The owner of the plant, root, fruit or vegetable did not
consent to the taking or damaging.
Tuvalu Island Courts Bench Book June 2004