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Tampering or interfering with motor vehicle without just cause o...
Tampering or interfering with motor vehicle without just cause or excuse
Written by
Paul McClure
Criminal Defence Lawyer
What the Law states - Tampering or interfering with motor vehicle without just cause or excuse
Road Safety Act 1986 - SECT 70
Tampering or interfering with motor vehicle without just cause or excuse70. Tampering or interfering with motor vehicle without just cause or excuse
(1) A person who, without just cause or excuse, tampers or interferes with a motor vehicle owned by any other person is guilty of an offence.
Penalty: 2 penalty units or imprisonment for 14 days.
(1A) A person must not, without just cause or excuse, tamper or interfere with specified equipment fitted or attached to a motor vehicle.
Penalty: 25 penalty units.
(1B) In subsection (1A), specified equipment means equipment of a type specified for the purposes of this section by the Minister in a notice published in the Government Gazette.
(2) The accused has the burden of proving just cause or excuse.
Maximum Penalty in Victoria
14 days' imprisonment
2 - 25 penalty units
In relation to (1A), the court may, if the person holds a driver licence or permit, cancel that licence or permit and, whether or not the person holds a driver licence or permit, disqualify the person from obtaining one for a period the court thinks fit, not exceeding 4 years.
What the Prosecution must prove - Tampering or interfering with motor vehicle without just cause or excuse - Vic
1. The person tampered or interfered with a motor vehicle (or equipment attached to motor vehicle)
2. owned by another person
Possible Defences - Tampering or interfering with motor vehicle without just cause or excuse
Factual dispute.
Just cause or lawful excuse.
Identification dispute
Which court will hear the charge of Tampering or interfering with motor vehicle without just cause or excuse
Magistrates' Court
