TWOC Flashcards
Can you attempt TWOC
No
What is the statutory time limit?
6 months from date sufficient evidence came to the knowledge of the person prosecuting (but within 3 years of the offence)
How many times can a vehicle be taken
Once by the original offender
But can be taken again by another once abandoned
Must TWOC be intentional
Yes ? Does not include accidental taking
Must consent be true consent?
Yes but but consent gained by deception still counts as consent
- offence is committed if exceed the limits of the consent
Is starting the engine enough to take?
No - the conveyance must move.
What is a conveyance
Cars, motorcycles, boats and aircraft
Does not include; hand card or animals or bikes
TWOC must be for his own or another’s use
Pushing a vehicle doesn’t count but driving an obstructive vehicle does
Does a passenger commit the offence
Yes - if they allow themselves to be carried knowing, not suspecting, the vehicle has been TWOC’d.
Plus it must actually move
What are the defences
- belief in lawful authority
- belief in consent
What aggravates TWOC ?
- driving dangerously on road or public place
- accident by which injury was caused
- Damage to anything.
