Twoc

Question 1

TWOC S12

Answer 1

A person commits an offence if without having the consent of the owner or other lawful authority, takes any conveyance for his own or another’s use or knowing that any conveyance has been taken without such authority drives, or allows themselves to be carried in, or on it.

Question 2

What is a conveyance

Answer 2

Anything constructed or adapted to carry persons by land, water or air.

Question 3

What is meant by taken?

Answer 3

It is considered taken if it is moved any distance from its original position

Cannot be natural movement like waves R v Miller.

Question 4

Can TWOC be attempted?

Answer 4

NO

Question 5

Where must the TWOC take place?

Answer 5

It has to be on a road or a public highway

Question 6

Aggravated TWOC S12(1)

Answer 6

A person is guilty of aggravated taking of a vehicle if it is proved that the vehicle was involved in any of the 4 aggravating circumstances.
1. driven dangerously on a road or other public place

2. owning to the driving an accident occurred where injury was caused to a person
3. that damage was caused to the vehicle
4. owning to that damage was caused to any property other than the vehicle.

This has to happen after the taking and prior to recovery
Either way offence

Question 7

Taking a pedal cycle without consent S12(5)

Answer 7

It is an offence to take a pedal cycle for his or another use without the consent of the owner or other lawful authority or, knowing that it has been so taken, to ride on it