Illegal use of conveyance

Question 1

154A?

Answer 1

Take and drive conveyance without consent of owner

Question 2

Why use 154A rather than steal motor vehicle?

Answer 2

Don’t have to prove intent to permantently deprive.

Question 3

154A 1 a?

Answer 3

(1) Any person who—
(a) without having the 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, or secreting it, or obtaining a reward for its restoration or pretended restoration, or for any other fraudulent purpose, or

Question 4

154A 1 b?

Answer 4

(b) knowing that any conveyance has been taken without such consent, drives it or allows himself or herself to be carried in or on it,

Question 5

Difference bettween 154A 1 a and b?

Answer 5

A relates to the actual taking and driving of the vehicle without consent.

B relates to the person knowing that the vehicle has been taken without consent, then being a passenger or drving it, but not being the taker.

Question 6

What fundamental principles relate to the taking of the conveyance?

Answer 6

There must be a ‘fresh’ aquisition into possession and there must be movement, however small.

Question 7

Jurisdiction of 154A?

Answer 7

Table 2.

Value of vehicle is immaterial.

Question 8

Consent of owner?

Answer 8

If there is consent,it must be full and free.

Consent obtained by threats, violence or from person imapired by drugs/alcohol may not be considered consent.

Question 9

Test to be applied for knowledge?

Answer 9

Subjective test.

Question 10

Shipanski on knowledge?

Answer 10

Suspicious circumtances coupled with a failure to inquire MAY sustain an inference of knowledge.

Question 11

154F?

Answer 11

Steal motor vehicle.

Question 12

154F jurisdiction>?

Answer 12

Table 1

Question 13

Previous 154F offence?

Answer 13

154AA . Moved in 2006.

Question 14

‘Use’ definition in terms of motor vehicle? Case?

Answer 14

Willis v Sugden
Use a motor vehicle is to drive it or do something to it or with it that is incidental to its normal use asa motor vehicle.

Question 15

Hollingsworth v Bean on take?

Answer 15

HOLLINGSWORTH v BEAN [1970] VR 819.
Bean was allowed to sit in bossees ar to eat lunch, no permission to drive it.

One day he took the car for a drive, was charged w take and drive.

Matter dismissed, prosecution appeal.

HELD: The defendant had a mere license to make a limited use of the vehicle and did not have
possession of it and so the use alleged was unauthorised and unlawful.

Question 16

R v Bogacki?

Answer 16

Def got into parked bus, tried to turn engine over, didnt start so left. Bus DID NOT move.

Conviction quashed.

For the take, must have some movement, however small.

Question 17

Hampson v Martin (1981) NSWLR 782

Answer 17

Driver must be in control of steering and movement and propulsion.

Martin was sitting in a vehicle being towed and was only in control of brakes and sterring so not guilty.

Question 18

Savage v Affleck NSWSC

Answer 18

3 people in car. One steering, one gears, one propulsion.

Held - Defendant was a joint driver.