OF04 Unlawful Takes/Uses Vehicle Flashcards
1
Q
What are the elements of Unlawful Takes/Uses Vehicle S226 CA1961
A
- Dishonestly
- Without claim of right
- But no so as to be guilty of theft
- Takes/Uses
- For his or her own purposes
OR
Another persons purposes - Any vehicle
OR
Any ship
OR
Any aircraft
OR
Any part of any vehicle, ship or aircraft
OR
Any horse
2
Q
What does ‘but no so at to be guilty of theft’ mean?
A
Unable to prove intention to deprive the owner permanently of that property.
3
Q
What does ‘uses’ mean?
A
Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner. (Legally gains possession)
4
Q
What does ‘takes’ mean?
A
Physically moves to property.
5
Q
What does ‘dishonestly’ mean?
A
Without a belief that consent or authority was given by the owner of the property.
6
Q
What does ‘claim of right’ mean?
A
No belief of a right to own or possess the property.
7
Q
What is the penalty for ‘Unlawful Takes/Uses Vehicle’?
A
7 years imprisonment
