OF04: Dishonesty (Unlawful takes or uses vehicle) Flashcards
1
Q
Elements for ‘Unlawfully takes vehicle’
A
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Takes
- For his/her own purposes or another persons purposes
- Any vehicle, ship, aircraft, part of a vehicle, ship or aircraft or a horse
2
Q
Elements for ‘Unlawfully uses vehicle’
A
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Uses
- For his/her own purposes or another persons purposes
- Any vehicle, ship, aircraft, part of a vehicle, ship or aircraft or a horse
3
Q
Definition of taking?
A
Physically moving
4
Q
Definition of using?
A
Gaining possession or control of the property legally but exceeds authority or conditions given by owner
5
Q
Power of arrest for ‘Unlawfully takes or uses vehicle’
A
Crimes Act Section 315 (1) or (2)
