Illegal Use Of Conveyance Flashcards
What is a conveyance?
s154A(2) ‘Conveyance’ means any cart, wagon, cab, carriage, motor car, caravan, bicycle, etc…
Why is a charge under s154A preferable to a charge under s154F?
s154A doesn’t require the prosecution to prove the ‘permanently deprive’ element of a larceny as in s154F but is steal deemed to be a larceny. s154A also applies to many modes of conveyances whereas 154F only relates to motor vehicles and vessels.
What offence is created in s154A(1)(a)?
Any person who, without consent of the owner of a conveyance, TAKES and DRIVES it, shall be deemed guilty of a larceny…
(Offence relating only to the “driver”)
What offence is created in s154A(1)(b)?
A person who, KNOWING that a conveyance has been taken without consent, DRIVES it or allows himself to be CARRIED in it shall be deemed guilty of a larceny…
(Offence relating to “driver” and “passenger”)
What are the key differences between s154A(1)(a) and s154A(1)(b)?
s154A(1)(a) includes TAKING and DRIVING
s154A(1)(b) involves KNOWING, DRIVING, and BEING CARRIED
What are the two fundamental principles relating to ‘taking’, as in s154A(1)(a)?
- There must be an actual fresh acquisition into possession
2. There must be movement (asportation) however slight
What is the jurisdiction of an offence under s154A?
Although deemed a larceny, it is a T2 offence - regardless of the value.
What does ‘drive’ mean in relation to s154A?
s154A(2) provides that ‘drive’ is to be construed in relation to the nature (or type) of the conveyance alleged to have been driven.
What are some common law definitions of ‘driver’?
Hampson v Martin - Control of (1) steering (2) braking (3) propulsion
Savage v Affleck - Concept of joint driver if shared propulsion
Williams v R - At least propulsion
What is required in relation to ‘consent’?
Consent must be FULL and FREE.
Consent that is obtained by threats, or from intoxicated persons or persons of unsound mind, may not be considered to be consent.
What is required in relation to ‘allowed’?
‘Allows’ means knowing the car has been taken without consent and enters of his own free will and accord OR knowingly enters the conveyance but sequently acquires the relevant knowledge and having had the opportunity to choose, chooses to remain of his own free will and accord.
What is the test in relation to ‘knowing’ for an offence under s154A(1)(b)?
R v Dykyj - Knowledge is a SUBJECTIVE test
R v Schipanski - Suspicious circumstances coupled with a failure to enquire may sustain an inference of knowledge (wilful blindness) - not available as a defence.
What offence is created under s154C?
Car Jacking - Taking motor vehicle or vessel with assault or with occupant on board.
(MOTOR VEHICLE AND VESSLE ONLY)
What circumstances of aggravation applies to an offence under s154C?
(1) In company
(2) Armed with offensive weapon/instrument
(3) ABH
How is a ‘motor vehicle’ defined?
s154E provides that a ‘motor vehicle’ has the same meaning as within the Road Transport Act - means a vehicle that is built to be propelled by a motor that forms part of that vehicle.
