Illegal Use Of Conveynce & Steal Motor Vehicle Flashcards
Why is there a Section 154A?
The intention to permanently deprive is not there.
What is Section 154A (1)(a)
Any person who:
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
Shall be deemed to be guilty of larceny and liable to be indicted for that offence
What is Section 154 (1)(b)?
Any person who:
Knowing that any conveyance has been taken without such consent, drives it or allows himself or herself to be carried in or on it
Shall be deemed to be guilty of larceny and liable to be indicted for that offence.
Section 154A(2)?
For the purposes of this section conveyance means any cart, wagon, cab, carriage, moto car, caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor or other bicycle, tank or other military vehicle, or any ship, or vessel, used or intended for navigation, and drive shall be constructed accordingly.
Does NOT include HORSE.
What is important to note about 1. That the accused took the conveyance?
Must be an actual ‘fresh’ acquisition into possession and there must be movement however small.
What jurisdiction is it?
Table 2 offence.
What are the two cases in relation to ‘take’ at Common Law?
Hollingsworth v Bean [1970]
Rv Bogacki & Ors [1973]
What is an important case in relation to drive?
Hampson v Martin (1981) NSWLR
‘The steersman’
-Sterling, breaking and propulsion
What about another case in relation to Drive?
Savage v Afflect
- Propulsion
- Concept of joint driving
What is important to know about Consent?
Consent MUST be full & free!
That is any consent that is obtained by threats of violence, from persons under the influence of alcohol or drugs or of unsound mind,
May not be considered consent.
What is the test for knowledge?
SUBJECTIVE
- Suspicious circumstances coupled with a failure to inquire may sustain an ‘inference of knowledge’
- Commonly known as ‘wilful blindness’
What is Section 154F
Stealing motor vehicle or vessel
A person who steals a motor vehicle or vessel is guilty of an offence
Table 1 offence
What is an important case in relation to ‘uses’?
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 as a motor vehicle’
That the section did not apply where the defendant stood outside the vehicle and docked it.
Offence in a peal section hence, ‘use’ should be given a strict interpretation.
