Stealing Motor Vehicle or Vessel
Stealing a motor vehicle or vessel is an offence under section 154F of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You took a motor vehicle
- You were not legally authorised to take that vehicle,
- You knew you were not legally authorised to take the vehicle, and
- You intended to permanently deprive the owner of the vehicle
An attempt to steal is sufficient to for the purposes of the offence
A ‘motor vehicle’ is:
- A vehicle built to be propelled by a motor that forms part of it
- Any part of such a vehicle that contains an identification number, or
- A motor that is capable of forming part of a vehicle
A ‘vessel’ is:
A water craft of any description used or capable of being used as a means of transportation on water.
A defence to the charge is having a ‘claim of right’ over the property which means you genuinely believed you were legally entitled to the property
Duress and necessity are also defences to the charge
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