OF04 Vehicle Offences Flashcards
What are the elements of unlawful takes vehicle?
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
What are the elements for unlawful uses vehicle?
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
What is the main difference between takes and uses?
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.
What does “but not so as to be guilty of theft mean?
At the time you cannot prove that the suspect intended to deprive the owner permanently of the vehicle.
What are the elements of unlawful interferes with vehicle?
Dishonestly
Without claim of right
interferes
with any vehicle OR any Ship OR any aircraft
What is the definition of interferes in this instance?
touches or deals with in any way
What are the elements of unlawfully gets into or upon?
Dishonestly
Without claim of right
Gets into
OR
Gets upon
any vehicle OR any Ship OR any aircraft
What act and section would you find unlawful takes/uses/gets into OR upon?
Section 226, Crimes Act 1961
SKIP
SKIP
What are the 4 elements of preparing to commit an imprisonable offence?
3622 - Prepares To Commit Crime In Public Place
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
<p><span>Define “But not so as to be guilty of theft”</span></p>
<p></p>
<p></p>
<p><span><strong>Unable to prove an intention to permanently deprive the owner.</strong></span><br></br><br></br></p>
<p><br></br><br></br><span>Define Uses (vehicle)</span></p>
<p></p>
<p><span><u>3 But not so as to be guilty of theft</u></span></p>
<p><span><strong>Unable to prove an intention to permanently deprive the owner.</strong></span><br></br><br></br><span><u>4 Uses</u></span></p>
<p><span><strong>Gains possession or control </strong>of the property, but then <strong>exceeds authority or conditions</strong> given by the <strong>owner</strong> by <strong>using</strong> it in any manner</span></p>
<p>What are the 4 elements of Unlawfully getting into OR upon?</p>
<p>1 Dishonestly<br></br><br></br>2 Without claim of right<br></br><br></br>3 Gets into OR Gets upon</p>
<p>4 Any vehicle OR Any ship OR Any aircraft</p>
<p>Define Gets into</p>
<p>Physically gets into</p>
<p>Define Gets upon</p>
<p>Physically gets upon</p>
