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Taking or use vehicle without owner's consent

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


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Fraud / Dishonesty / Theft Offences - VIC
The Law - Taking or use vehicle without owner's consent

What the Law states - Taking or use vehicle without owner's consent


Summary Offences Act 1966 - SECT 38

Taking or using vehicle without consent of owner etc.

38. Taking or using vehicle without consent of owner etc.

(1) Any person who takes or in any manner uses a vehicle (including a bicycle but not including a motor vehicle within the meaning of the Road Safety Act 1986) or a boat ship or other vessel the property of any other person without the consent of the owner or person in lawful possession thereof
shall be guilty of an offence.

Penalty: 15 penalty units or imprisonment for three months.

(2) Nothing in this section shall affect any other liability civil or criminal of any person guilty of an offence against this section.

Division 4-Advertising of live sexually-explicit entertainment

Maximum Penalty in Victoria


3 months imprisonment

What the Prosecution must prove - Taking or use vehicle without owner's consent - Vic


(a) The accused took or used in any manner a vehicle, boat or other vessel.

(b) At the time, it was the property of another person.

(c) The accused did not have the consent of the owner of the property or person in lawful possession.

Possible Defences - Taking or use vehicle without owner's consent


(a) Consent.

(b) Duress.

(c) Factual dispute.

(d) Honest and reasonable mistake of belief.

(e) Identification dispute.

(f) Lack of intent.

(g) Necessity.

 

Which court will hear the charge of Taking or use vehicle without owner's consent


Magistrates' Court.
Appeal Taking or use vehicle without owner's consent Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne