TADA Flashcards
Aggravated TADA
Subject to subsection (3) below, a person is guilty of aggravated taking of a vehicle if—
(a) he commits an offence under section 12(1) above (in this section referred to as a “basic offence”) in relation to a mechanically propelled vehicle; and
(b) it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in paragraphs (a) to (d) of subsection (2) below.
(2) The circumstances referred to in subsection (1)(b) above are—
(a) that the vehicle was driven dangerously on a road or other public place;
(b) that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;
(c) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;
(d) that damage was caused to the vehicle.
(3) A person is not guilty of an offence under this section if he proves that, as regards any such proven driving, injury or damage as is referred to in subsection (1)(b) above, either—
(a) the driving, accident or damage referred to in subsection (2) above occurred before he committed the basic offence; or
(b) he was neither in nor on nor in the immediate vicinity of the vehicle when that driving, accident or damage occurred.
TADA
(1)Subject to subsections (5) and (6) below, a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.
Allowing himself to be carried. What is it?
The person who commits this offence must know that the conveyance has been taken without the consent of the owner.
If they only suspect it to be stolen the offence is NOT committed
