Unlawful Taking

Question 1

What are the elements for unlawful taking under CA 1961 S226

Answer 1

Dishonestly,
Without claim of right,
But no so as to be guilty of,
Takes,
For his/her own purposes OR another persons purposes,
Any vehicle OR any ship OR any aircraft OR Part of any vehicle, ship or aircraft OR any horse

Question 2

What are the elements for unlawful uses under CA 1961 S226

Answer 2

Dishonestly,
Without claim of right,
But no so as to be guilty of theft,
Uses,
For his/her own purposes OR another persons purposes,
Any vehicle OR any ship OR any aircraft OR Part of any vehicle, ship or aircraft OR any horse

Question 3

Define dishonestly

Answer 3

In relation to an act or omission, without the belief that there was authority or consent from the owner.

Question 4

Define claim of right

Answer 4

At the time of the act, the person believed that they or someone else had a right to own or possess the property that is the subject of the offence.

Question 5

Define the difference between taking and using

Answer 5

Taking is when it is physically moved.
Using is when possession is gained but then exceeds authority or conditions given by the owner by using it in any manner.

Question 6

What are the elements for unlawful interference with a vehicle?

Answer 6

Dishonestly,
Without claim of right,
Interferes with,
Any vehicle

Question 7

What are the elements for unlawfully getting into a vehicle?

Answer 7

Dishonestly,
Without claim of right,
Gets into,
Any vehicle

Question 8

What are the elements for unlawfully getting upon a vehicle?

Answer 8

Dishonestly,
Without claim of right,
Gets upon,
Any vehicle