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)

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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

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2
Q

What power of arrest exists?

A

Unconditional

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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

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