3.6 Taking A Conveyence Without Consent Flashcards
S12 Theft act
Without having the consent of the owner or other lawful authority
He takes any conveyance
For his own or another’s use
Or Knowing that the conveyance has been taken without such authority, drives it or allows himself to be carried in it.
Identity deception and consent
Made no difference. Don’t cause TWOC
What does taking mean?
It must have been intentional moved
Including out onto another vehicle and taken
What is a conveyance
Any conveyance B constructed or adapted for the carriage of a person or persons whether by land sea or air
It does not include a conveyance constructed or adapted for the use the control of a V person not carried in oi r on it
What does conveyance include
Cars motorcycles boats or aircraft
Pedal cycles are dealt with under 12(5)
What is the defence under S12(6)?
If he believed he has lawful
Authority or that he would have had the owners consent
When does TWOC become aggravated?
TWOC is carried out in relation to a MPV
And at any time after the vehicle was taken and before it was recovered
- vehicle was driven dangerously
- Owing to the driving of the vehicle an accident occurred and any person was injured or damage was caused to any property
- Damage was caused to the vehicle