OF04: Vehicle Offences Flashcards
What are the elements of ‘Unlawfully Takes Vehicle”
1) Dishonestly
2) Without claim of right
3) But not so as to be guilty of theft
4) Takes
5) For his or Her own Purposes
OR
Another person purposes
6) Any Vehicle (Ship, Aircraft, Part of vehicle, Horse)
What are the elements of “unlawfully uses vehicle”
1) Dishonestly
2) Without claim of right
3) But not so as to be guilty of theft
4) Uses
5) For His or her purposes
OR
Another persons purposes
7) Any vehicle (Ship, Aircraft)
Define Dishonestly vs Claim of right
Dishonestly: Without belief there was constant or authority (Consent/Permission)
Claim of right: No belief in a right to own or posses the property (Property)
Define the difference between Takes and Uses
Takes: Physically moved the property
Uses: Gains possession or control of the property, but exceeds the authority or conditions given by the owner
What are the elements of Unlawfully Interferes with Vehicle (Conversion with Vehicle)
1) Dishonestly
2) Without claim of right
3) Interferes with
4) Any vehicle
Or
Any ship
OR
Any aircraft
Define the elements of Unlawfully getting into OR upon
1) Dishonestly
2) Without claim of right
3) Gets into
OR
Gets upon
4) Any Vehicle
OR
Any Ship
Or
Any aircraft
Define “Interferes with”
Touches or deals with in any way
How does the offence “Unlawfully takes Vehicle differ from theft?!
Taking a vehicle (Especially one broken into) makes it hard for proving that the intention was to permanently deprive the owner.
This law is a good way of dealing with that specific area of “Taking”
What would siphoning fuel from a vehicle be?
Theft.
The elements of theft are there for that specific purpose
In relation to somebody who try’s to take a vehicle, but after getting in and making their attempt, fails. What is the most appropriate charge?
Attempting to Take a Vehicle
