Liabilities - Dishonest Taking a Vehicle or Dishonest Using a Vehicle

Question 1

Define the ingredient ‘Dishonestly’.

Answer 1

• Without a belief there was
• Consent or authority
• From the owner.

Question 2

Define the ingredient ‘Without claim of right’.

Answer 2

• No belief act was lawful

Question 3

Define the ingredient ‘But not so as to be guilty of theft’

Answer 3

• Unable to prove an intention to permanently deprive the owner.

Question 4

Define the ingredient ‘Takes’.

Answer 4

• Takes
  OR
• Moves

Question 5

Define the ingredient ‘OR Uses’

Answer 5

• Gains possession or control
• then exceeds authority or conditions
• given by the owner
• buy using it

Question 6

Define the ingredients:
Any vehicle
OR
Any Ship
Or
Any Aircraft
OR
Any Part of any Vehicle, Ship or Aircraft
OR
Any Horse

Answer 6

• Any vehicle
  *Wheels, Tracks or runners on which it is moved.
  OR
• Any Ship
  *Any vessel used in navigation, however propelled
  Or
• Any Aircraft
  *Any machine that can derive support in the air
  OR
• Any Part of any Vehicle, Ship or Aircraft
  *Any part removed from
  OR
• Any Horse
  *Any type of horse

Question 7

What is the difference between ‘Taking’ and ‘Using’

Answer 7

• Taking
  Taking or moving the property without authority to do so.
• Using
  Lawfully gaining possesion, then using exceeding the conditions or authority form the owner while using it.

Question 8

What matters do you need to consider when attending a dishonestly taking/using complaint?

Answer 8

• Who owns the vehicle
• Is there money still owing
• Sight and confirm rego, engine and chassis numbers
• Description of vehicle inside and out
• Value of vehicle
• Kms or miles vehicle has done
• Any property in vehicle
• Description of any body or mechanical faults
• Was Vehicle locked, were the keys in it, when was it last seen, when was it discovered missing and by whom.
• How much petrol
• does the owner give authority for it to be towed if/when located.

Question 9

What documentation is required for a dishonestly using/taking file?

Answer 9

• Offence report/Missing Vehicle Job sheet
  plus additional job sheets for positive enquiries
• Enter File
• Enter vehicle alert onto the vehicle dossier
• POL258 summarising the complaint

Question 10

What will happen when to the Dishonestly Taking/using file when enquiries have been completed but the car is still outstanding?

Answer 10

• After file has been forwarded to CIB car squad and no further enquires are possible, the file will be inactivated.

Question 11

What actions are required when a unlawfully taken/stolen vehicle is recovered.

Answer 11

• Note details of;
  :Who found the vehicle
  :When and Where was it found
  :Whether anyone was in or around the vehicle - if so descriptions including direction and mode of travel
• Fingerprints
  :rear-vision mirror & inside windscreen
  :above driver and passenger doors :boot handle
  :rear of boot (if pushed)
  :Bonnet
• Area enquiries
• Check the vehicles condition and can it be driven.
• Is any property stolen or left in the vehicle
• Ensure owner notified
• Obtain receipt from owner when vehicle is returned.

Question 12

List the ingredients for ‘Dishonest Taking a Vehicle OR Dishonest using a Vehicle

Answer 12

• Dishonestly
• Without claim of right
• But not so as to be guilty of theft
• Takes
  OR
• Uses
• For any persons purpose
• Any Vehicle OR
• Any Ship OR
• Any Aircraft OR
• Any part of any vehicle, ship or aircraft OR
• Horse