OF04 Dishonesty Offences 2 - Vehicle Offences Flashcards
Explain the difference between ‘Unlawful Takes Vehicle’ vs ‘Unlawful Uses Vehicle’
Takes - is to physically move the property
Uses - is to gain possession or control of the property but then to exceed authority or conditions given by the owner by using it in any manner
This is very similar to Theft (takes) versus Theft (uses or deals) - e.g. uses means that authority at one point of time was given, but then you went above and beyond that.
How is unlawful taking different from theft?
It is easy for an offender to say they just wanted to “take the car for a ride then return it”.
This means you cannot prove that at the time the offender had the intention of permanently depriving the owner of that property.
Note: This is why “but not so as to be guilty of theft” is an element in this offence.
Is possession of car breaking in tools enough to charge and why/why not?
No possession alone is not sufficient.
You also need intent (e.g. a statement from the offender) or the circumstances in which you find them.
Does touching a random cars door handle amount to Unlawful Intereference?
Yes - touching or dealing with a vehicle in any way without the permission of the owner meets the definition of interferance.
What is the offence if someone knowlingly hops into a stolen car for a ride?
Unlawfully getting into OR upon
Elements of ‘Unlawful takes vehicle’
Elements of ‘Unlawful uses vehicle’?
Elements of ‘Unlawfully getting into vehicle’ OR ‘Unlawfully getting upon vehicle’
Elements of ‘Unlawful interference with vehicle’?
Even though legislation says “but not so guilty as to be theft” and “for his or her own purposes/for another person’s purposes” which two offences aren’t covered by this?
Unlawfully getting into OR upon
Unlawul inteferes with
This line is not relevant to both of these offences and hence only 4 elements (versus 6 for takes/uses).
