OF04: Unlawful takes/uses vehicle

Question 1

Differences from offence of theft

Answer 1

“But not so as to be guilty of theft”

Cannot prove at the time the offender had the intention to permanently deprive the owner

Question 2

Elements of Unlawful Takes Vehicle

Answer 2

• Dishonestly
• Without claim of right
• But not so as to be guilty of theft
• Takes
• For his or her own purposes OR Another person’s purpose
• Any vehicle OR any ship OR any aircraft OR any part of any vehicle or ship or aircraft OR any horse

Question 3

Elements of Unlawful Uses Vehicle

Answer 3

• Dishonestly
• Without claim of right
• But not so as to be guilty of theft
• Uses
• For his or her own purposes OR another person’s purpose
• Any vehicle OR any ship OR any aircraft OR any part of vehicle or ship or aircraft OR any horse

Question 4

Dishonestly

Answer 4

Without a belief that there was consent or authority from the owner

Question 5

Without claim of right

Answer 5

No belief in a right to own or possess the property

Question 6

Takes

Answer 6

Physically moves the property

Question 7

Uses

Answer 7

Gains possession or control of the property but then exceeds authority or conditions given by the owner by using it in any manner