OF04 Vehicle Offences

Question 1

What are the elements of unlawful takes vehicle?

Answer 1

Dishonestly (no belief in consent from the owner)

Without claim of right (no belief in consent to possess the vehicle)

But not so as to be guilty of theft

takes

for his/her purpose
OR
for anybody’s purpose

Any vehicle
OR
Any ship
OR
Any aircraft
OR
Any part of vehicle/ship/aircraft
OR
Any horse

Question 2

What are the elements for unlawful uses vehicle?

Answer 2

Dishonestly

Without claim of right

but not so as to be guilty of theft

Uses

for his/her purpose
OR
for anybody’s purpose

Any vehicle
OR
Any ship
OR
Any aircraft
OR
Any part of vehicle/ship/aircraft
OR
Any horse

Question 3

What is the main difference between takes and uses?

Answer 3

Takes mean you are physically taking the vehicle, Uses mean you have gained possession of the vehicle legally but exceed the authority and condition of the owner.

Question 4

What does “but not so as to be guilty of theft mean?

Answer 4

At the time you cannot prove that the suspect intended to deprive the owner permanently of the vehicle.

Question 5

What are the elements of unlawful interferes with vehicle?

Answer 5

Dishonestly
Without claim of right
interferes

with any vehicle
OR
any Ship
OR
any aircraft

Question 6

What is the definition of interferes in this instance?

Answer 6

touches or deals with in any way

Question 7

What are the elements of unlawfully gets into or upon?

Answer 7

Dishonestly
Without claim of right

Gets into
OR
Gets upon

any vehicle
OR
any Ship
OR
any aircraft

Question 8

What act and section would you find unlawful takes/uses/gets into OR upon?

Answer 8

Section 226, Crimes Act 1961

Question 9

What are the elements of possession of instruments?

Answer 9

Without lawful authority or excuse

Has in his possession

Any instrument capable of being used for taking or converting

Any vehicle
OR 
Any ship
OR 
Any aircraft

With the intent to use for such a purpose

Question 10

What are the elements of preparing to commit an imprisonable offence?

Answer 10

Found

In any public place

Behaving in a manner from which it can be reasonably inferred that the person is

Preparing to commit an imprisonable offence