The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

CRIMINAL CODE s.391 121
Every tame animal, whether tame by nature or wild by nature and
tamed, which is the property of any person, is capable of being stolen:
But tame pigeons are not capable of being stolen except while they are
in a pigeon-house or on their owner’s land.
Animals wild by nature, of a kind which is not ordinarily found in
a condition of natural liberty in Queensland, which are the property of
any person, and which are usually kept in a state of confinement, are
capable of being stolen, whether they are actually in confinement or have
escaped from confinement.
Animals wild by nature, of a kind which is ordinarily found in a
condition of natural liberty in Queensland, which are the property of any
person, are capable of being stolen while they are in confinement and
while they are being actually pursued after escaping from confinement,
but not at any other time.
An animal wild by nature is deemed to be in a state of confinement
so long as it is in a den, cage, stye, tank, or other small enclosure, or is
otherwise so placed that it cannot escape and that its owner can take
possession of it at pleasure.
The term “animal” includes any living creature other than mankind.
Oysters and oyster brood are capable of being stolen while in oyster
beds, layings, or fisheries, which are the property of any person, and
which are sufficiently marked out, or are known by general repute as his
property .
Wild animals in the enjoyment of their natural liberty are not capable
of being stolen, but their dead bodies are capable of being stolen.
Everything produced by or forming part of the body of an animal
capable of being stolen is capable of being stolen.
. (1 ) A person who fraudulently takes anything
capable of being stolen, or fraudulently converts to his own use or to the
use of any other person anything capable of being stolen, is said to steal
that thing.
(2) A person who takes or converts anything capable of being stolen
is deemed to do so fraudulently if he does so with any of the following
intents, that is to say-
(a) An intent to permanently deprive the owner of the thing of
it;
(b) An intent to permanently deprive any person who has any
special property in the thing of such property;
(c) An intent to use the thing as a pledge or security;
(d) An intent to part with it on a condition as to its return which
the person taking or converting it may be unable to perform;
(e> An intent to deal with it in such a manner that it cannot
be returned in the condition in which it was at the time of
the taking or conversion;
(f) In the case of money, an intent to use it at the will of the
person who takes or converts it, although he may intend to
afterwards repay the amount to the owner.
The term “special property” includes any charge or lien upon the
thing in question, and any right arising from or dependent upon holding
possession of the thing in question, whether by the person entitled to such
right or by some other person for his benefit.