Tuvalu Island Courts Bench Book - Federal Court of Australia

Defences
If the prosecution has proved the elements of the offence, beyond
reasonable doubt, the accused may still have a legal defence.
The accused will have to establish their defence to your satisfaction,
on the balance of probabilities (i.e. more likely than not).
For a charge of stealing:
Took and carried away
If the charge is stealing, the prosecution must prove that the accused
took the plant, etc and carried it away. See the definition of “takes”
in s251(2)(a). See the definition of “carries away” in s251(2)(b).
Intention of permanently depriving owner
The prosecution must prove that the accused had the intention of
keeping the plant, etc and using it as his or her own. If the accused
later sells or gives it away, they have used it as their own. This is a
subjective test – it is the accused’s intention that is important. You
may have to infer this from the circumstances.
The prosecution must show that the accused intended this at the
time he or she took the plant, etc.
For a charge of damaging or destroying:
Destroyed, rooted up or damaged
If the charge is on this ground, the prosecution must prove that the
accused destroyed, rooted up or damaged the plant, etc.
With the intention of stealing
The prosecution must prove that the accused damaged or destroyed
the plant, etc, with the intention of stealing it. This is a subjective
test – it is the accused’s intention that is important. You may have
to infer this from the circumstances.
Tuvalu Island Courts Bench Book June 2004