Unlawfully Takes/Uses Vehicle Flashcards
Define Unlawfully takes/uses Vehicle
Dishonestly and without claim of right, but not so as to be guilty of theft takes or uses for his or her own purposes or another persons purposes any vehicle, ship or aircraft, OR any part of any vehicle, ship or aircraft OR any horse.
What are the elements of Dishonestly takes Vehicle?
Dishonestly
Without claim of right
But not so as to be guilty of theft
Takes
For his or her own purposes OR another persons purposes
Any vehicle, ship, aircraft OR any part of those OR any horse
What are the elements of Dishonestly Uses Vehicle?
Dishonestly
Without claim of right
But no so as to be guilty of theft
Uses
For his or her own purposes OR another persons purposes
Any vehicle, ship or aircraft OR any part of those OR any horse
Define dishonestly
Dishonestly in relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Define claim of right
At the time of the act, the person believed that they or someone else had the right to own or possess the property that is the subject of the offence.
What is the difference between taking and using?
Taking is moving the property at all, whereas a person who uses, gained authority lawfully but then exceeds the authority or conditions given but the owner by using it in any manner
What matters do you have to consider when taking a dishonestly taking/uses complaint?
Who owns the vehicle?
Is there still money owing on the purchase?
Verify the registration of the vehicle
A description including scrapes/faults/identifiers
The value of the vehicle
The mileage the vehicle has done
Any property that may be inside
It’s situation when stolen, was it open? Keys inside? Last seen?
How much petrol was inside?
Does the owner consent to it being towed when located?
What documentation is required for an unlawfully takes/uses motor vehicle?
Offence report and missing vehicle job sheet
Query vehicle
Enter vehicle alert
POL 258
What will happen to the file when the inquires are completed but its still outstanding?
Forwarded to CIB, if not further inquires are possible it could be inactivated
What are the elements to unlawfully getting into/upon a vehicle?
Dishonestly
Without claim of right
Gets into OR gets upon
Any vehicle/ship/aircraft
What are the elements to unlawful interference with a vehicle?
Dishonestly
Without claim of right
Interferes with
Any vehicle/ship/aircraft
What are the elements to possession of instruments?
Without lawful authority or excuse Had in his possession Any instrument capable of being used for taking or converting Any vehicle/ship/aircraft With intent to use for such purpose
