Illegal Use of conveyance Flashcards
What is a conveyance? And where is the Definition found?
Definition is found in the Section at S154A(2)
“Conveyance” means any cart, wagon, cab, carriage, motor car, caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor or other bicycle, tank or other military vehicle, or any ship, or vessel, used or intended for navigation, and drive shall be construed accordingly.
When should a charge under Section 154A - Taking a conveyance without consent of an owner - be preferred?
When the prosecution can’t satisfy the “permanently deprive” element of stealing, for example when a car is taken for a joy-ride. Provides that a person convicted under this section shall be deemed to be guilty of a larceny and liable to be indicted for that offence.
What are the differences between the offences in Sections 154A(1)(a) and 154(1)(b)?
Section 154A(1)(a) involves “takes” and “drives” and mostly relates to the driver and Section 154A(1)(b) involves “knowing” “drives” and “carried” and mostly relates to the passenger.
Section 154A(1)(a) states: “Any person who, without consent of the owner/person in lawful possession of a a conveyance, takes and drives it, or takes it for the purpose of driving it, or secreting it, or obtaining a reward for it’s restoration or pretended restoration, or for any other fraudulent purpose shall be deemed to be guilty of larceny.
Section 154A(1)(b) states: “Any person who, knowing that any conveyance has been taken without such consent, drives it or allows himself or herself to be carried in or on it shall e deemed to be guilty of larceny.
What are the two fundamental principles relating to “taking”?
The fundamental principles relating to Larceny and the ‘taking of the goods’ are comparable with Section 154A, ie: the taking of the conveyance.
HOWEVER
1. There must be an actual fresh acquisition into possession - ie: didn’t have it yesterday
- There must be movement (asportation) however slight.
What is the jurisdiction of an offence under Section 154A?
Although it is deemed to be a larceny, it is strictly a Table 2 offence. Value of vehicle is immaterial/irrespective of value.
What does the section provide in relation to “drive”?
Section 154A(2) provides that the word “drive” is to be construed in relation to the nature (or type) of conveyance alleged to have been driven.
How is “drive” defined at Common Law? Cite caselaw.
Hampson v Martin - must have control of steering, braking & propulsion.
Savage v Affleck - concept of joint driving in relation to propulsion
Williams v R - at least control of the propulsion
What is required in relation to consent?
Consent must be full and free. Consent that is obtained by threats of violence, from persons under the influence of alcohol or drugs or of unsound mind may not be considered consent.
What is required in relation to ‘allowed’? (Allows him or herself to be carried)
Deals with the willing driver or more commonly the willing passenger.
“Allows” means knowing the car has been taken without consent and enters of his own free will and accord OR knowingly enters a conveyance but subsequently acquires that knowledge then having had the opportunity chooses to remain of his own free will and accord.
What is the test in relation to ‘knowing’ as per illegal use of conveyance? Cite caselaw.
R v Dykyj said that the test to be applied as to required knowledge is subjective.
R v Schipanski - suspicious circumstances coupled with a failure to inquire may sustain an “inference of knowledge” (commonly known as ‘wilful blindness’) - not available as a defence.
What modes of transport does Section 154C (carjacking) relate to?
A motor vehicle or a vessel. Must have an assault and an occupant on board.
154C Taking motor vehicle or vessel with assault or with occupant on board
(1) A person who—
(a) assaults another person with intent to take a motor vehicle or vessel and, without having the consent of the owner or person in lawful possession of it, takes and drives it, or takes it for the purpose of driving it, or
(b) without having the consent of the owner or person in lawful possession of a motor vehicle or vessel, takes and drives it, or takes it for the purpose of driving it, when a person is in or on it,
is liable to imprisonment for 10 years.
(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3) In this section—
circumstances of aggravation means circumstances involving any one or more of the following—
(a) the alleged offender is in the company of another person or persons,
(b) the alleged offender is armed with an offensive weapon or instrument,
(c) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person.
What are the circumstances of aggravation in relation to car-jacking and where are they found?
Section 154C(2)
- In company
- Armed with an offensive weapon or instrument; and
- ABH
Where is ‘motor vehicle’ defined?
Section 154E(a) - a motor vehicle means—
(a) a motor vehicle within the meaning of the Road Transport Act 2013 (whether or not the vehicle contains the motor intended to form part of it), or
(b) a motor intended to form part of, or capable of forming part of, any such motor vehicle, or
(c) any part of any such motor vehicle containing, or consisting of, an identification plate for a vehicle under the Motor Vehicle Standards Act 1989 of the Commonwealth.
Which provision relates to stealing a motor vehicle?
Section 154F - A person who steals a motor vehicle or vessel is guilty of an offence - same elements as larceny.
Table 1 offence. (Either defence or prosecution may elect)
Relates to motor vehicle or vessel - not conveyance.
Which provision relates to car re-birthing?
Section 154G - A person facilitates, car or boat re-birthing activity, carried out, on an organised basis, knowing that is a car rebirthing activity AND it is carried out on an organised basis - Strictly Indictable Offence.
