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Taking a Conveyance Without Consent

Taking a Conveyance without Consent is an offence under Section 154A of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You took and drove a conveyance, or you took a conveyance for the purpose of driving it, or to secrete it, obtain a financial reward for it, or for any other fraudulent purpose, or you allowed yourself to be carried in it
  2. Neither you nor the person who drove it had the owner’s consent, and
  3. You knew the owner did not consent.

A ‘conveyance’ is defined as:

  • any cart, wagon, cab, carriage, motor car, caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor or other bicycle, tank or other military vehicle, or any ship, or vessel, used or intended for navigation.

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 conveyance which means you genuinely believed you were legally entitled it.

Duress and necessity are also defences to the charge.

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