Vehicle Offences (OF04) - Unlawful Takes / Uses Vehicle Flashcards
1
Q
Elements of ‘Unlawful takes’
A
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- TAKES
- For his or her own purposes OR another persons purposes
- Any vehicle OR Any ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR Any Horse.
2
Q
Elements of ‘Unlawfully Uses Vehicle’
A
- Dishonesty
- Without claim of right
- But not so as to be guilty of theft
- USES
- For his or her own purposes OR another persons purposes
- Any vehicle OR Any ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR Any Horse
3
Q
Define ‘Dishonestly’
A
Done or omitted without a belief that there was express or implied consent or authority from the owner.
4
Q
Define ‘Claim of Right’
A
A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.
5
Q
Difference between “Taking” and “Using”
A
• Taking is physically moving the property.
• Using is gaining possession or control of the property by then exceeds conditions given by owner by using it in any manner.
