Vehicle offences Flashcards
What are the elements of the offences of unlawful takes vehicles?
Dishonestly
Without claim of right
But not so as to be guilty of theft
Takes
For any person’s 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 the offences of unlawful uses vehicles?
Dishonestly
Without claim of right
But not so as to be guilty of theft
Uses
For any person’s purpose
Any vehicle OR Any ship OR Any Aircraft OR Any part of any vehicle, ship or aircraft OR Any Horse
What does the following term mean?
− dishonestly
Without a belief that there was consent or authority from the owner.
What does the following term mean?
− claim of right
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.
What does the following term mean?
− ownership
For this offence, a person is regarded as the owner of any
property that is stolen if, at the time of the theft, that person has:
a) possession or control of the property
b) any interest in the property, or
c) the right to take possession or control of the property.
An owner of any property may be guilty of theft against another owner of
that property.
What is the difference between the term “taking” and the term “using”?
Taking: Physically moves the property.
Using: Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner.
What matters do you have to consider when attending an unlawful taking / using complaint?
Who owns the vehicle?
Is there any money still owing on the purchase?
Sight the owner’s registration papers to confirm the vehicle registration, and engine and chassis numbers.
A description of the vehicle, both inside and out.
The value of the vehicle.
The number of kilometres or miles the vehicle has done.
Any property that may be inside the vehicle or the boot.
A description of any mechanical faults or body work faults in the vehicle.
Was the vehicle locked?
Were the keys in the vehicle?
When was the vehicle last seen, and by whom?
When was the vehicle discovered missing, and by whom?
How much petrol was in the vehicle?
Does the owner give authority for the vehicle to be towed if / when it is located?
• What documentation is required for an unlawfully taking / using file?
Offence Report and Missing Vehicle Job Sheet
Query Vehicle
Enter File
Enter Vehicle Alert
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What will happen to the unlawfully taking file when enquiries have been completed but the car is still outstanding?
When enquiries have been completed as far as possible, the file is forwarded to the CIB car squad for your area. If no further enquiries are possible, the file will be inactivated.
