Dishonesty Offences (Vehicles)

Question 1

What are the elements of UNLAWFUL TAKING 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 purposes
Or
Another person’s purposes
6) Any Vehicle
OR
Any Ship
OR
Any Aircraft
OR
Any part of any vehicle, ship or aircraft
OR
Any Horse

Question 2

What are the elements of UNLAWFUL USES vehicle?

Answer 2

1) Dishonestly
2) Without claim of right
3) But not so as to be guilty of theft
4) Uses
5) For his or her own purpose
OR
Another person’s purpose
6) Any Vehicle
OR
Any Ship
OR
Any Aircraft
OR
Any Horse

Question 3

Define DISHONESTLY

Answer 3

Without a BELIEF that there was CONSENT or AUTHORITY from the OWNER

“Done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person to give such consent or authority

Question 4

Define CLAIM OF RIGHT

Answer 4

NO BELIEF in a RIGHT TO OWN OR POSSESS THE PROPERTY

“At the time of the act, the person believed that they or someone else had a right to own or possess the property that is the subject of the offence”.

Question 5

What is the difference between the term ‘taking’ and the term ‘using’?

Answer 5

‘Taking’ involves physically moving the property.

In the context of this offence, ‘using’ invloves gaining possession or control of the property, but then exceeding authority or conditions given by the owner by using it in any manner.