OF04 Unlawfully takes Offences

Question 1

What are the elements of unlawfully takes?

Answer 1

Section 226 CA1961 penalty 2 years imprisonment

Dishonestly 
Without claim of right
But not guilty of theft 
Takes
For any persons purpose
Any vehicle ( ship/ aircraft or any part vehicle/ ship/ aircraft or any horse)

Question 2

What are the elements of unlawfully uses?

Answer 2

Section 226 CA1961 penalty 2 years imprisonment.

Dishonestly 
Without claim of right 
But not guilty of theft
Uses
For any persons purpose
Any vehicle (ship/ aircraft or any part of ship/ aircraft/ vehicle or any horse)

Question 3

What is the definition of dishonestly?

Answer 3

Done without belief there was consent or implied consent to. OR authority from the owner.

Question 4

What is the definition of claim of right?

Answer 4

No belief that they had the right to own or possess the property

Question 5

What is the definition of ownership?

Answer 5

The act of, or right to possession

Question 6

What is the definition of property?

Answer 6

Anything whatsoever, whether tangible or intangible, that is the property of another person and has value

Question 7

What is the penalty for unlawfully takes/ uses a vehicle?

Answer 7

Imprisonment for term not exceeding 7 years

Question 8

What is the difference between “unlawfully takes/uses” & “theft”?

Answer 8

“But is not guilty of theft”

This means you cannot prove at the time the offender had intention to permanently deprive the owner.