Conversion Of Vehicle

Question 1

Elements of: Unlawful takes vehicle (conversion of vehicle)

Answer 1

1. Dishonestly
2. Without claim of right
3. But not so as to be guilty of theft
4. Takes
5. For his or her own purpose OR another persons purpose
6. Any Vehicle OR Any Ship OR Any Aircraft OR Any part of any vehicle, ship or aircraft OR Any horse

Question 2

Section of Unlawful takes vehicle (conversion of vehicle) and penalty?

Answer 2

Crimes Act 1961 S.226 (1) (a) or (b) or (c)

Penalty = 7 years

Question 3

But not so as to be guilty of theft means…

Answer 3

The intent to permanently deprive the owner is unable to be proven

Question 4

Meaning of: takes

Answer 4

Physically moves

No matter how far

Question 5

Elements of: unlawful uses vehicle (conversion of vehicle)

Answer 5

1. Dishonestly
2. Without claim of right
3. But not so as to be guilty of theft
4. Uses
5. For his or her ow purpose OR any persons purpose
6. Any Vehicle OR Any Ship OR Any Aircraft OR Any part of any vehicle, ship or aircraft OR Any horse

Question 6

Section of Unlawful uses vehicle (conversion of vehicle) and penalty

Answer 6

Crimes Act 1961 S.226 (1) (a) or (b) or (c)

Penalty = 7 years

Question 7

Meaning of: uses

Answer 7

Gains possession or control and exceeds authority or conditions
(Eg. Hired or borrowed vehicle refusing to return)

Question 8

Elements of: Unlawful interferes with vehicle (conversion of vehicle)

Answer 8

1. Dishonestly
2. Without claim of right
3. Interferes with
4. Any vehicle OR Any Ship OR Any Aircraft

Question 9

Section of Unlawful interferes with vehicle and penalty

Answer 9

Crimes Act 1961 S. 226 (2)

Penalty=2 years

Question 10

Meaning of: interferes

Answer 10

Touches or deals with in any way without permission

Eg. Trying door handles (intent unclear)

Question 11

Elements of: unlawfully getting into OR upon

Answer 11

1. Dishonestly
2. Without claim of right
3. Gets into OR gets upon
4. Any vehicle OR Any Ship OR Any Aircraft

Question 12

Meaning of : gets into

Answer 12

Physically gets into (entering a car)

Question 13

Meaning of: gets upon

Answer 13

Physically gets upon (eg. A motorbike)

Question 14

Section of Unlawful getting into OR upon and penalty

Answer 14

Crimes Act 1961 S. 226 (2)

Penalty=2 years

Question 15

Example of getting into

Answer 15

A passenger is located inside a stolen vehicle, they entered knowing it was stolen

Question 16

Vehicle incl.
Ship incl.
Aircraft incl.

Answer 16

Any vehicle
Any propelled vessel
Anything capable of support by air in the atmosphere

Question 17

Attempted unlawful taking

Answer 17

The intent of unlawful takes is present but the action is incomplete
(Eg. Damages ignition, pulled dash/wires)

Question 18

Possession of instruments for conversion info

Answer 18

1. Without reasonable excuse/justification
2. Possession or immediate control
3. Any instrument (keys, lock puller, glass breaker)
4. With INTENT for using to covert or take

S.227 CA 1961 and 1 yr penalty