Vehicle offences

Question 1

what section is unlawful vehicles in

Answer 1

226 of the crimes act

Question 2

what is the penalty for unlawfully taking or using a vehicle

Answer 2

up to 7 years imprisonment

Question 3

what are the elements of unlawfully taking a vehicle

Answer 3

dishonestly, without claim of right, but not so as to be guilty of theft, takes, for his or her own purposes OR another persons purpose, any vehicle OR ship OR aircraft OR horse OR any part of vehicle/ship/aircraft

Question 4

what are the elements of unlawfully using a vehicle

Answer 4

dishonestly, without claim of right, but not so as to be guilty of theft, uses, for his or her own purposes OR another persons purpose, any vehicle OR aircraft OR ship OR horse OR part of vehicle/ship/aircraft

Question 5

what is the definition of uses

Answer 5

gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner

Question 6

what is dishonestly

Answer 6

without a belief that there was consent or authority from the owner

Question 7

what is without claim of right

Answer 7

no belief in a tight to own or possess the property

Question 8

what is the penalty for interfering or getting into/upon any vehicle

Answer 8

up to 2 years imprisonment

Question 9

what does Crimes Act 1961, Section 226(1) cover

Answer 9

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 the above, or any horse

Question 10

what does Crimes Act 1961, Section 226(2) cover

Answer 10

attempts to commit the offence in subsection (1) or who, dishonestly and without claim of right, interferes with, or gets into or upon any vehicle, ship or aircraft

Question 11

what does Crimes Act 1961 section 227 cover

Answer 11

possession of instruments

Question 12

what is the penalty for possession of instruments

Answer 12

1 year imprisonment

Question 13

what does instruments include

Answer 13

keys, bent forks, plastic tape, lock pullers, and various wire etc

Question 14

what is one thing to remember when charging with possession of instruments

Answer 14

need to prove the intent to use the instrument to take or use any vehicle, ship or aircraft

Question 15

what does vehicle include

Answer 15

any type of vehicle

Question 16

what does ship include

Answer 16

any vessel used in navigation, however propelled, large or small

Question 17

what does aircraft include

Answer 17

any machine that can deprive support in the atmosphere from the reaction of the air

Question 18

what is unlawful interference

Answer 18

touching or dealing with a vehicle in any way without the permission of the owner

Question 19

what is unlawfully getting into

Answer 19

getting into/on someone elses vehicle in circumstances that don’t show any other offence

Question 20

what is attempted unlawful taking

Answer 20

trying to start a vehicle or get into a vehicle with the intention of taking it, but before having the opportunity to complete the offence