Sec 178 Theft Of A Motor Vehicle Flashcards
0
Q
What are the essential elements for sec 178?
A
Motor vehicle has been taken away
It has been driven
There was no consent
No lawful authority
Includes driving outwith permitted consent (allowing to drive from a-b, but going to c)
1
Q
What is the offence?
A
To take and drive away a motor vehicle,
Without consent of owner or lawful authority.
And
For a person who knows the vehicle has been taken, to drive it or allow themselves to be carried in it or on it
2
Q
What power of arrest exists?
A
Unconditional
3
Q
What is the statutory defence?
A
They had reasonable belief that:
They had lawful authority,
Or
If they had asked for permission it would have been granted