Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 6 Offences relating to property and contractsChapter 44 Offences analogous to stealing relating to animals[s 446](2) However, the fine imposed in respect of the offence shall notexceed 455 penalty units.(3) Without in any wise limiting the meaning of the termunlawfully uses, such term shall, for the purposes of thissection, also mean and include the unlawful possession, byany person, of any animal that is stock, without the consent ofthe person in lawful possession thereof, and with intent todeprive the owner or person in lawful possession thereof ofthe use and/or possession of the animal, either temporarily orpermanently.(4) It is a defence to a charge of an offence defined in this sectionto prove that the accused person had the lawful consent of theowner to the use or possession by the person of the animal inquestion.446 Suspicion of stealing stock(1) When any animal that is stock is suspected, on reasonablegrounds, to have been stolen, any person in whose possessionor custody the animal or the skin or carcass, or any part of theskin or carcass, of the animal so suspected to have beenstolen, is found, is guilty of a misdemeanour, unless theperson proves that the person came lawfully by the thing inquestion; and the person is liable to imprisonment for 5 yearsor to a fine of not less than 4 penalty units or, where in respectof the animal in question a value is determined in accordancewith the provisions of the regulations made pursuant tosection 450F, of not less than that value, whichever is thehigher amount, for every animal or skin or carcass or part ofskin or carcass so found.(2) However, the fine imposed in respect of the offence shall notexceed 455 penalty units.(3) It is a defence to a charge of the offence defined in this sectionto prove that the accused person came lawfully by the thing inquestion.Current as at 1 December 2014 Page 279