Illegal Use Conveyance Flashcards
What offences are created by section 154A Crimes Act?
S154A(1)(a) Crimes Act - taking a conveyance without consent of owner
S154A(1)(b) Crimes Act - drive conveyance or be carried in conveyance without consent of owner
What are the elements of the offence of taking a conveyance without consent?
S154A(1)(a)Crimes act
- Accused
- Without having consent of the owner or person in lawful possession of a conveyance
- Takes and drives it OR takes it for the purpose of driving it, secreting it, obtaining a reward for its restoration or for any other fraudulent purpose.
What are the elements of the offence of drive conveyance or be carried in conveyance?
- Accused
- Knowing that any conveyance has been taken without consent
- Drives it, or slows himself or herself to be carried in or on it.
What is the function and purpose of section 154A Crimes Act?
It is an offence creating section to combat joy riding. It provides that taking the conveyance without the consent is deemed to be larceny. The effect is The punishment then becomes 5yrs imprisonment under s117 crimes act.
What is the difference between section 154A(1)(a) and 154A(1)(b) crimes act?
S154A(1)(a) requires a taking of the conveyance on the part of the defendant for a dishonest purpose.
S154A(1)(b)deals simply with a driver of the conveyance or the willing passenger wherr they have knowledge that the conveyance has been taken without consent
What does conveyance mean?
S154A(2) Crimes Act: conveyance = any cart, wagon, cab, carriage, motor car , caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor, or bicycle tank or other military vehicle, or any ship vessel, used or intended for navigation.
How do we establish that the accused took the conveyance?
R v Phillips & Mc Gill. There must be an actual fresh acquisition into possession and there must movement however small.
Taking with consent and then transforming it for a purpose without consent wouldnot constitute taking for the purpose of this charge.
What is the definition of drive?
S154A(2) Crimes Act states the word drive is to be construed according. I relation to to the nature of the conveyance alleged to have been driven.
Do we need to prove no consent?
Yes. Must have evidence of lack of consent. Consent must be full and free. That any consent that is obtained by threats of violence from person’s under the influence of alcohol or drugs or of unsound mind may not be considered consenr
What is the men’s rea for a section 154A Crimes Act?
R v Dyki: provides that it is a subjective test. Knowledge.
R v Schipanski: suspicious circumstances coupled with a failure to inquire may sustain an inference of knowledge.’ Commonly known as wilful blinsness
Can be proven by admissions, circumstances (inferences or by conversation between defendant and passengers)
What is the jurisdiction of s154A Crimes Act offence?
T2 schedule 1 criminal procedure act.
Value vehicle immaterial.
What is section 6A Summary Offences Act?
Unauthorised entry of vehicle or boat.
If a vehicle is abandoned and in a public place and defendants fingerprints located on steering wheel what offence has been committed?
None.
- Cant prove stealing as no intentipn to permanently deprive
- Dont have take and use as can’t prove take or knowledge
- Can’t prove entry of vehicle s6A summary offences as even though we know they were in their at some point can’t prove that they were in their when vehicle was in a public place.
