Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 45

   Retaking movable property under claim of right from person without claim of right
It is lawful for a person entitled by law to the possession of movable property to take it from a person who is in possession of the property, but who neither claims right to it nor acts by the authority of a person so claiming, and if the person in possession resists him, to use such force as is necessary to obtain possession of the property; provided that such force is not intended and is not likely to cause death or grievous bodily harm.



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