TWOC Flashcards
TWOC: Section 12(1) of the Theft Act 1968
Summary offence: six months imprisonment and/or fine
Definition
A person commits an offence if he, without consent of the owner or other lawful authority, takes any conveyance for their own or another’s use,
OR
Knowing that a conveyance has been taken without authority, drives it or allows himself to be carried in or in it.
When is ‘TWOC’ theft?
When DAPBIP is committed
What is a conveyance?
Any conveyance constructed or adapted for the carriage of a person or persons by land, water or air.
ARE conveyance:
- vehicles made or adapted to carry persons, when drawn by an animal
ARE NOT conveyance:
- conveyances constructed or adapted only for use under the control of a person not carried in or on it, e.g. lawnmower
- animals
- pedal bicycles
- pedestrian-controlled vehicles, e.g. milk floats, post office carts
When is it aggravated ‘TWOK’?
Causes damage to property
Causes damage to vehicle
Causes injury to any person
Dangerous driving in public road/place
Consent
Consent will be VALID if:
- consent was given
- the person taking the conveyance has a genuine belief that the owner would have consented
- even if obtained by fraud, e.g. use a false license to hire a car
Consent will NOT BE VALID if:
- obtained by threats of violence or intimidation
- the person goes beyond the scope of the permission given - so-called ‘conditional consent’
- Obtained by deception as to use - fundamental misrepresentation, e.g. states going to Bradford, then goes to Birmingham
Lawful Authority
Examples
- A police officer moving an obstruction or a broken-down vehicle
- Seizure of a vehicle by legal authorities such as HM Customs and Excise
Takes
A person takes a vehicle if they assume possession or control of a conveyance, and moves it or causes it to be moved.
A vehicle is taken if it is moved any distance from its original position.
For his own or another’s use
Use may mean TWOC for the purpose of immediately ‘stealing a ride’
‘Use’ may cover use of the vehicle in the future
‘Another’s use’ may be where a car thief steals a car for temporary use in a bank robbery.
Drives it
Covers the control AND propulsion of the conveyance
- Includes driving in the accepted sense of the word
AND - Rowing, gliding or sailing, depending upon the type or conveyance taken.
Meaning of the term: R v McDonagh
- The essence of driving is the use of the driver’s controls for the purpose of directing the movement of the car however the movement is produced.
Allow yourself to be carried
As a passenger
For driving and allowing yourself to be carried, you must prove that the conveyance was in motion
DEFENCES
A person does NOT commit this offence, by doing anything in the belief that:
- He had lawful authority to do it
OR
- He would have the owner’s consent if the owner knew of his doing it AND the circumstances of it, even if the belief is mistakenly held.
Aggravated Vehicle Taking: Section 12a of the Theft Act 1968
Either way Offence
- on summary, if the value of the property damaged is less than £5000: 6 months imprisonment, or fine
- on indictment: 2 years imprisonment; up to 14 years imprisonment if the accident caused death.
Power of Entry
Definition
A person is guilty of aggravated vehicle taking if he:
a. commits an offence of TWOC under section 12(1) Theft Act 1968 in relation to a mechanically propelled vehicle and
b. AFTER the vehicle was unlawfully taken and BEFORE it was recovered, ANY of the aggravating circumstances occurred.
Mechanically Propelled Vehicles
A vehicle that is constructed so that it can be propelled mechanically.
This means propelled by: GOPEDS
Gas
Oil
Petrol
Electric
Diesel
Steam
