OF04 Unlawful Takes or Uses Vehicle

Question 1

What are the elements of Unlawful Takes Vehicle (Section 226(1), Crimes Act 1961)?

Answer 1

1: Dishonestly
2: Without claim of right
3: But no so as to be guilty of theft
4: Takes
5: For his or her own purposes OR another person’s purposes
6: Any vehicle OR ship OR aircraft OR part thereof

Question 2

How are the elements of Unlawful Takes Vehicle proven?

Answer 2

1: Without a belief that there was consent or authority from the owner
2: No belief in a right to own or possess the property
3: Unable to prove an intention to permanently deprive the owner
4: Physically moves the property
5: For any persons property
6: Obvious

Question 3

What are the elements of Unlawful Uses Vehicle (Section 226(1), Crimes Act 1961)?

Answer 3

1: Dishonestly
2: Without claim of right
3: But not so as to be guilty of theft
4: Uses
5: For his or her own purposes OR another person’s purposes
6: Any vehicle OR ship OR aircraft OR part thereof

Question 4

How are the elements of Unlawful Uses Vehicle proven?

Answer 4

1: Without a belief that there was consent or authority from the owner
2: No belief in a right to own or possess the property
3: Unable to prove an intention to permanently deprive the owner
4: Gains possession or control of the property, but then exceeds the authority or conditions given by the owner by using it in any manner
5: For any persons purposes
6: Obvious

Question 5

What are the elements of Unlawful Interferes with Vehicle (Section 226(2), Crimes Act 1961)?

Answer 5

1: Dishonestly
2: Without claim of right
3: Interferes with
4: Any vehicle OR ship OR aircraft

Question 6

How are the elements of Unlawful Interferes with Vehicle proven?

Answer 6

1: Without a belief that there was consent or authority from the owner
2: No belief in a right to own or possess the property
3: Touches or deals with in any way
4: Obvious

Question 7

What are the elements of Unlawful Getting Into OR Upon (Section 226(2), Crimes Act 1961)?

Answer 7

1: Dishonestly
2: Without claim of right
3: Gets into OR upon
4: Any vehicle OR ship OR aircraft

Question 8

How are the elements of Unlawful Getting Into OR Upon proven?

Answer 8

1: Without a belief that there was consent or authority from the owner
2: No belief in a right to own or possess the property
3: Physically gets into OR physically gets upon
4: Obvious