Taking Without Consent Flashcards
What is a Conveyance
Any Conveyance constructed or adapted for the carriage of a person.
Not a hand pulled cart
Not human powered boats
Not a horse / animals
If the conveyance is permanently deprived is this a TWOC or a theft
Theft
You stop a TWOCed car 3 up. who is guilty?
All those in or on the vehicle
Is TWOC a summary or incitacble offence?
Summary
What it the investigative time limit for a Twoc?
six months but if sufficient evidence is received an extension up 3 years can be applied for.
Dose TWOC carry a power of entry?
No - summary only
Consent
True consent not gained by threats or coercion. Gained from the owner
a Connivance is move via another vehicle is this TWOC
Yes
If a vehicle is unintentional is this TWOC
No
Id the suspect takes a break in the journey is this TWOC
The TWOC is continued as one offence not two.
Takes for the purpose of TWOC
Dose not matter how far. Must be used as a convenience and not just for mischief.
Not just pushing
Pushing for another’s use is TWOC
Coasting inside a car is TWOC
Defendant has coasted in a vehicle is this TWOC
yes
Defendant float down a river in a boat is this TWOC
No
TWOC offence wording
A person commits an offence
if without the owner’s consent or other lawful authority;
he/she takes a 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 it or on it.
Aggravated vehicle taking wording
TWOC must be present first
Must be a mechanically propelled vehicle
AND:
Driven dangiously on a road / public place
Causes an injury or damage to property
Damage was caused to the vehicle.
Definition of a Mechanically Propelled vehicle
must have a renewable source of energy:
Gas
Oil
Petrol
electric
Diesel
Steam
For the purposes of TWOS what is a public place?
Any place open to the public via payment or otherwise.
Points to prove driven dangerously for TWOC
Damage caused to the vehicle
Damage to property
Injury to a person
no need to prove intent
Actus reus only
Is aggravated TWOC a summary or incitacble offence?
Either way
Dose Aggravated twoc have powers of entry
Yes Either way offence
When is the vehicle recovered
When the police, owner or other lawful authority recovers the vehicle.
It is not recovered if merely reported to the police.
Test for dangerous driving
Mr Mrs average would say, falls below the standard of a careful driver
Defences
It is a defence for the defendant to prove,
on the balance of probabilities, that:
the driving, accident or damage occurred before they committed the basic section12(1) offence (TWOC)
or
they were not in the vehicle or in its immediate vicinity when the driving, accident or damage occurred.
