Unlawfully takes/uses vehicle Flashcards
What are the Elements of Unlawful Takes Vehicle (Conversion of Vehicle) ?
- Dishonestly
- Without claim of rights
- But not so as to be guilty of theft
- Takes
- For any persons purpose
- Any vehicle OR Any Ship OR Any Aircraft OR Any part of any vehicle, ship or aircraft OR Any Horse
What are the Elements of Unlawful Uses Vehicle (Conversion of Vehicle) ?
- Dishonestly
- Without claim of rights
- But not so as to be guilty of theft
- Uses
- For any persons purpose
- Any vehicle OR Any Ship OR Any Aircraft OR Any part of any vehicle, ship or aircraft OR Any Horse
Act and Section ?
Crimes Act 1961, Section 226 (1)(a) OR 226 (1)(b) OR 226 (1)(c)
What is the difference between the term ‘taking’ and ‘using’ ?
Taking - Physically moves the property.
Uses - Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner
Definitions - dishonestly
Without a belief that there was a consent or authority from the owner
Definitions - Without claim of right
No belief in a right to own or possess the property
Penalty
7 years
Unlawfully interferes with vehicle(Conversion of Vehicle):
- Elements
- Act and Section
- Penalty
- Dishonestly
- Without claim of right
- Interferes with
- Any vehicle/ship/aircraft
Section 226(2) Crimes Act Penalty - 2 years
Dishonesty getting into or upon:
- Elements
- Act and Section
- Penalty
- Dishonesty
- Without claim of right
- Gets into OR Gets upon
- Any vehicle/ship/aircraft
Crimes Act 1961 Section 226(2)
Penalty - 2 years
Possession of instruments:
- Elements
- Act and Section
- Penalty
- Without lawful authority or excuse
- Has in his possession
- Any instrument capable of being used for taking or conveying
- Any vehicle/ship/aircraft
- With intent to use for such purpose
Crimes Act 1961, Section 227
Penalty - 1 year
