TWOC Flashcards
s12(1) Theft Act 1968 - TWOC
summary - 6 mths / fine
w/out having owners consent or other lawful authority takes any conveyance for own or another’s use or knowing it has been taken w/out such authority drives it or allows himself to be carried in or on it.
6 mts lim of proceedings are extended for twoc. 6mths from time person responsible known, not from time crime reported. Proceedings however c/not take place after 3 yrs from offence date.
When conveyance taken, same person c/not take it again.
Taking must be deliberate.
Defence - belief had lawful authority or would have had owners consent in the circs.
Consent still given if claim to be someone else (ie fraudulently).
Consent still given if drive to location not as per original agreement. BUT if continue past point of agreement = TWOC.
conveyance must be MOVED. Hiding it is not enough. Must take to use as a conveyance. Can be taken away by another vehicle.
Conveyance = constructed/adapted for carriage person by land, water or air. But not handcarts, pedal cycles (own offence s12(5)) or animals.
motives of taker irrelevant, eg if move it out of the way.
s12a Agg TWOC
e/w
if caused death = 14yrs o/wise
2yrs / 6 mths / fine
Mech Prop Vehicle & after taken and before recovered, vehicle was driven or damage or injury caused…
- driven dangerously public place/road
- Owing to driving injury RTC to ANY person
- owing to driving damage RTC to property NOT vehicle
- Damage caused to vehicle.
conviction for Agg TWOC = min 12 mths disq obligatory, endorsement of licence oblig and penalty points imposed 3-11. D/not matter if def did not drive vehicle.
Damage caused to break into veh is NOT agg TWOC.
defence - RTC, driving or damage occurred before vehicle taken
- neither in nor in immediate vicinity (Q fact for jury)of vehicle when driving or RTC or damage occurred.
