Disonestly Takes / Uses a Vehicle

Question 1

What are the ingredients for Dishonestly Takes a Vehicle?

Answer 1

Dishonestly

Without claim of right

But not so as to be guilty of theft

Takes

For any person’s purpose

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 ingredients for Dishonestly Uses a Vehicle?

Answer 2

Dishonestly

Without claim of right

But not so as to be guilty of theft

Uses

For any person’s purpose

Any vehicle - OR - Any ship - OR - Any aircraft - OR - Any part of any vehicle, ship or aircraft - OR - Any horse

Question 3

What is the Act and Section for Dishonestly takes / uses a vehicle?

Answer 3

Crimes Act 1961, Section 226

Question 4

Define Dishonestly:

Answer 4

WITHOUT A BELIEF that there was CONSENT or AUTHORITY from the OWNER

Question 5

Define without a claim of right:

Answer 5

NO BELIEF the act was LAWFUL

Question 6

Define But not so as to be guilty of theft:

Answer 6

Unable to prove an intention to permanently deprive the owner.

Question 7

Define Takes (Dishonest taking a vehicle)

Answer 7

Physically Takes or Moves the property

Question 8

Define Uses (Dishonest using a vehicle)

Answer 8

GAINS POSSESSION OR CONTROL of the property

The EXCEEDS AUTHORITY OR CONDITIONS given by the OWNER by USING it in any manner

Question 9

Define For any person’s purpose

Answer 9

For their OWN or ANOTHER PERSON’s purposes

Question 10

What will happen to the dishonestly taking file when enquiries have been completed but the car is still outstanding?

Answer 10

The file will be inactivated

Question 11

What documentation is required for a dishonestly taking / using file?

Answer 11

Offence report and missing vehicle job sheet

Query vehicle

Enter file so the vehicle can be listed as stolen

Enter vehicle alert

POL 258 (summarises complaint)

Question 12

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

Answer 12

Taking means that the offender has physically taken or moved the vehicle with no authority, whereas Using means that they previously had authority, by they have then exceeded the conditions of that authority.

Question 13

What matters do you have to consider when attending a dishonestly taking / using complaint?

Answer 13

Who owns the vehicle

Is there money owing

Description of the vehicle (inside and out)

Value of the vehicle

The mileage (how far have the offenders gone?)

Any property in the vehicle (glove box, boot etc)

Any mechanical or bodywork faults (for easier ID)

Was it locked - we the keys left in it?

When it was last seen and by whom?

Petrol in the tank

Does the owner give authority for it to be towed (if located)?

Question 14

Can you obtain all the necessary details and complete the procedure involved for recovering a dishonestly taken vehicle?

Answer 14

Note details of who found the vehicle, when and whether anyone else was around

Fingerprint examination

Area enquiries

Check vehicles condition

Is any property stolen or left in the vehicle

Notify the owner

Obtain a receipt from the owner when the vehicle is returned