Lesson 5.5 - Acquisitive Crimes (S178 RTA 1988)

Question 1

What does Section 127 (1) (a) RTA 1988 create an offence for a person to do?

Answer 1

• Take and drive away a motor vehicle
• Without the consent of the owner, or
• Other lawful authority

Question 2

What are the essential elements of S178 (1) (a) RTA 1988?

Answer 2

• The mv has been taken away
• The mv has been driven
• There was no consent from the owner to do this
• There was no other lawful authority to do this

Question 3

What does S178 (1) (b) RTA 1988 create an offence for?

Answer 3

A person who

• Knowing that a mv has been so taken
• Drives or allows themselves to be carried in or on it
• Without such consent or authority
• Shall be guilty of an offence

Question 4

What are the essential elements of S178 (1) (b) RTA 1988?

Answer 4

• Knowledge the mv has been taken without the owners consent or other lawful authority
• Driven then mv or allowed themselves to be carried in it
• No consent of the owner to do this
• No lawful authority to do this

Question 5

What is the statutory defence for these offences?

Answer 5

• They had lawful authority; or

- The owner would have granted permission had he or she been asked for it

Question 6

What is the power of arrest for these offences?

Answer 6

Punishable by imprisonment therefore - S1 CJSA 2016 arrest