OF04 Dishonest Offences 2 Vehicle Offences

Question 1

What are the elements of “Unlawfully Takes”?

Answer 1

Sec 226 CA1961 penalty 2 years imprisonment

Dishonestly

Without claim of right

But not so as to be guilty of theft

Takes

For any persons purpose

Any vehicle (ship/aircraft/ or part vehicle/ship/aircraft or any horse)

Question 2

What are the elements of “ Unlawfully Uses”?

Answer 2

Sec 226 CA1961 penalty 2 years imprisonment

Dishonestly

Without claim of right

But not so as to be guilty of theft

Uses

For any persons purpose

Any vehicle (ship/aircraft or any part of ship/aircraft or any horse)

Question 3

What is the definition of “Dishonestly?

Answer 3

done without belief there was express or implied consent to. or authority from the owner

Question 4

What is the definition of “Claim of Right”?

Answer 4

no believe that they had right to own or possess the property

Question 5

What is the definition of “ownership?

Answer 5

the act of, or right to possession

Question 6

What is the definition of property?

Answer 6

Anything whatsoever, whether tangible or intangible, that is the property of another person and has value

Question 7

what paperwork is necessary for unlawfully taking/using file?

Answer 7

Offence report and missing vehicle job sheet

Enter a vehicle alert

258 form

Question 8

What is penalty for unlawfully takes/uses a vehicle?

Answer 8

imprisonment for term not exceeding 7 years

Question 9

What is difference between “unlawfully takes/uses” and “theft”?

Answer 9

‘but not as as to be guilty of theft”

This means you cannot prove at the time the offender had intention to permanently deprive the owner