OF04: unlawfully takes/uses vehicle

Question 1

What is the penalty for the offence of unlawfully taking or using?

Answer 1

Imprisonment for a term not exceeding 7 years

Question 2

What part of the act covers unlawfully takes or uses a vehicle

Answer 2

Crimes Act 1961 section 226

Question 3

What is the main difference for this offence and theft?

Answer 3

There is no intent to permanently deprive the owner so the offender can’t be guilty of theft

Question 4

What are the elements of unlawfully takes/uses vehicle?

Answer 4

Dishonestly
Without claim of right
But not so as to be guilty of theft
Takes
For his or her own purpose OR another persons purposes
Any vehicle OR any ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse

Question 5

What is defined as takes

Answer 5

Physically moves

Question 6

What are the elements of unlawfully uses vehicle

Answer 6

Dishonestly
Without claim of right
But not so as to be guilty of theft
Uses
For his or her own purpose OR another persons purposes
Any vehicle OR any ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse

Question 7

What does uses mean?

Answer 7

Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner

Question 8

What are the elements for unlawful interference either vehicle

Answer 8

Dishonestly
Without claim of right
Interferes with
Any vehicle OR any ship OR any aircraft

Question 9

What does interferes with mean

Answer 9

Touches or deals with in any way

Question 10

What is the penalty for unlawful interference with vehicle

Answer 10

2 years imprisonment

Question 11

describe the term ‘so as not to be guilty of theft’

Answer 11

This means you cannot prove that at the material time, the offender had the intention to permanently deprive the owner

Question 12

What are the elements for unlawfully getting into or upon

Answer 12

Dishonestly
Without claim of right
Gets into OR gets upon
Any vehicle OR any ship Or any aircraft

Question 13

What is the definition of dishonestly

Answer 13

In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent and authority

Question 14

What is claim of right as per section 2 crimes act 1961

Answer 14

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact

Question 15

What part of the act covers possession of instruments

Answer 15

Crimes act 1981 section 237 1 year imprisonment
Without excuse
Has in his possession
An instrument capable of being used for taking or converting
Any vehicle, ship, aircraft
With intent to use for such a purpose

Question 16

What is the definition of uses

Answer 16

Takes possession or control then exceeds authority and conditions

Question 17

In their possession is defined as:

Answer 17

In their possession or under their immediate control