Take and conveyance Flashcards
Why would you prefer a 154A charge of take drive conveyance over larceny?
Does not require the element of permanently deprive.
What are the elements of take drive conveyance 154A (1)?
The accused
Without consent of the owner
Takes and drives it, etc
What are the elements of take drive conveyance 154A (2)?
The accused
knowing any conveyance has been taken without consent
drives it
or allows themselves to be carried
Take drive conveyance is what table of indictable offence?
T2.
In relation to the accused took the conveyance what is a must?
There must be a fresh acquisition into possession and there must be movement however small.
What does Hollingsworth v Bean say about conveyance?
There may be a limited licence as to the use of the vehicle.
R v Bogacki & Ors says what about take drive conveyance
Attempting to start does not constitute take drive conveyance. must have movement.
Savage v Affleck goes over the concept of what in regards to driver?
Concept of joint driver and requirement for propulsion.
Williams v R says what in relation to driver?
Steering is not essential to be a driver. You can be in control of a motor vehicle without having control fo the steering.
The test to apply when proving knowledge is what?
A subjective test, affirmed in R v Dykyj.
Suspicious circumstances coupled with a failure to inquire may sustain an inference of knowledge is what?
Referred to as willful blindness. R v Shipanski.
A 154F offence of steal motor vehicle would be used in what circumstance over larceny?
It has a higher penalty of 10 years imprisonment and is a Table 1 offence.
Willis v Sugden talks about what in terms of use and drive?
It requires to drive or do something to it or with it that is incidental to its normal use as a motor vehicle.
