OFO4 - VEHICLE OFFENCES

Question 1

What are the elements of ‘Unlawful takes vehicle’?

Answer 1

-Dishonesty
-Without claim of right
-But not so as to be guilty of theft
-TAKES
-For his or her own purposes
OR
-Another person’s purposes
-Any vehicle
OR
-Any ship
OR
-Any aircraft
OR
-Any part of any vehicle, ship or aircraft
OR
-Any horse

Question 2

What are the elements for ‘Unlawful uses vehicle’?

Answer 2

-Dishonesty
-Without claim of right
-But not so as to be guilty of theft
-USES
-For his or her own purposes
OR
-Another person’s purposes
-Any vehicle
OR
-Any ship
OR
-Any aircraft
OR
-Any part of any vehicle, ship or aircraft
OR
-Any horse

Question 3

What does DISHONESTY mean?

Answer 3

Means done or omitted without belief that there was express or implied consent to, or authority for the act or omission from a person entitled to give such consent or authority.

Question 4

What does CLAIM OF RIGHT mean?

Answer 4

Means at the time of the act, the person believed that they or someone else had the right to own or possess the property that is the subject of the offence.

Question 5

What is the difference between ‘taking’ and ‘using’?

Answer 5

‘Takes’ means to physically move the property.
‘Uses’ means to gain possession or control of the property and then EXCEED the authority or conditions given by the owner by using it in any manner.

Question 6

What are the elements for ‘Unlawful interferes with vehicle’?

Answer 6

-Dishonesty
-Without claim of right
-INTERFERES WITH
-Any vehicle
OR
-Any ship
OR
-Any aircraft

Question 7

What are the elements for ‘Unlawfully getting into OR upon’?

Answer 7

-Dishonesty
-Without claim of right
-GETS INTO
OR
-GETS UPON
-Any vehicle
OR
-Any ship
OR
-Any aircraft

Question 8

Where can you find ‘Unlawful takes vehicle’ and ‘Unlawful uses vehicle’ in legislation and what is the penalty?

Answer 8

Crimes Act 1961, Section 226 & 7 years imprisonment

Question 9

Where can you find ‘unlawful interferes with vehicle’ and ‘unlawful getting into OR upon’ and what is the penalty?

Answer 9

Crimes Act 1961, Section 226 & 2 years imprisonment

Question 10

What are the elements for ‘Possession of instruments’?

Answer 10

-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 intent to use for such a purpose

Question 11

Where can you find ‘Possession of instruments’ in legislation and what is the penalty?

Answer 11

Crimes Act 1961, Section 227 & 1 year imprisonment.

Question 12

What does ‘unlawful interference’ mean?

Answer 12

Touching or dealing with a vehicle in any way without the permission of the owner.

Question 13

What does ‘unlawfully getting into OR upon’ mean?

Answer 13

Into means getting into another persons vehicle. Upon means on the car or on the motorbike.

Question 14

What is ‘Attempted unlawful taking’?

Answer 14

Trying to start a vehicle or get into a vehicle with the intention of taking it, but before having the opportunity to complete the offence.