OF04: D.O 2: Vehicle Offences Flashcards
4 Elements of Dishonestly interferes
Dishonestly Without claim of right Interferes with OR gets into or upon Any vehicle, ship, or aircraft
6 Elements for dishonestly takes
Dishonestly without claim of right but not as to be guilty of theft takes for any person’s purpose any or part of vehicle, ship, aircraft or horse
5 elements to Dishonestly uses a motor vehicle
Dishonestly Without claim of right But not so guilty of theft Uses For any persons purpose Any or part of vehicle, ship, aircraft or horse
4 elements to dishonestly gets into or upon
Dishonestly
Without claim of right
Gets into or upon
Any or part of vehicle, ship or aircraft
Liable to imprisonment
Not exceeding 7 years
Dishonestly
Without a belief that there was consent or authority from the owner
Without claim of right
No belief in a right to own or possess the property
But not so as guilty of theft
Unable to prove an intention to permanently deprive the owner
Takes
Physically moves the property
For his or her own purposes
OR
Another persons purposes
For any persons purpose
Uses
Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner… “allowed to use car to go to a specific place but ends up going to the pub”.
Imprisonment for unlawful interference
2 years
5 elements of possession instruments (penalty 1 year)
Without lawful authority or excuse.
Has in his or her possession.
Any instrument capable of being used for taking or converting.
Any vehicle, ship or any aircraft.
With intent to use for such a purpose
Unlawful taking
No intention to permanently deprive owner.
A takes bike but leaves it at the end of his street
Unlawful uses
Gained possession legally but then used the vehicle outside the conditions set. No intention to permanently deprive the owner.
A says B can take the car to pick up kids but B drives to the pub