Lecture 14 Taking a Conveyance Without Consent (TWOC) Flashcards
What is the definition of Taking a Conveyance Without Consent (TWOC) under Section 12 (1) Theft Act 1968?
A person shall be guilty of an offence if, without the consent of the owner or other lawful authority, he/ she takes any conveyance, for his/ her own or another use.
OR
Knowing that any conveyance has been taken without such authority, drives it or allows themselves to be carried in or on it.
What kind of offence is TWOC?
Summarily only offence
What is a conveyance?
Any conveyance constructed or adapted for the carriage of a person or persons by land, water or air. A vehicle made or adapted to carry a person or persons drawn by an animal is also a conveyance.
Except…
One constructed or adapted only for use under the control of a person not carried in or on it.
Is an animal a conveyance?
No
What does consent and lawful authority mean?
Consent must be true consent. Going beyond the express or implied permission of the owner may negate the consent.
Lawful authority are police, councils and finance companies.
What does takes for their own or another use mean?
A person takes if they assume possession or control of a conveyance and move it or cause it to be moved.
Must be taken for the takers or someone else’s ultimate use as a conveyance.
What does knowingly drives or allowed to be carried i/ or on it mean?
This relates to a person who was not present at the time of the actual taking.
We need to prove that the person knew that the conveyance had been taken without consent, and the person drove the conveyance or allowed themselves to be carried in or on it.
What does carried in or on require?
Movement of the conveyance
What are the defences to TWOC?
They have lawful authority to do it
OR
That they would have the owners consent if the owner know of their doing it and the circumstances.
What is the definition of Aggravated Vehicle Taking (Section 12(a) Theft Act?
First commits the basic offence of TWOC in relation to a MPV.
AND
At any time after the vehicle was unlawfully taken (whether by him or another)
AND
Before it was recovered, the vehicle was driven dangerously or injury or damage was caused- in one or more circumstances.
What are the defences for Aggravated Vehicle Taking?
The aggravating circumstance occurred before the basic offence was committed
OR
The defendant was neither in, nor on, or in the immediate vicinity of the vehicle when the aggravating circumstances occurred.
What is the definition of taking a Pedal Cycle under Section 12(5) of the Theft Act 1968?
It is an offence to take a pedal cycle without the consent of the owner or lawful authority
OR
knowing it has been taken, to ride on it.
What kind of offence is taking a Pedal Cycle?
Summary Offence
What kind of offence is taking a Pedal Cycle?
Summary Only Offence
What is the definition of Making off without payment (The Theft Act 1978 Section 3)?
A person who, knowing that payment on the spot for goods supplied or services done is required or expected of him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due.
