Taking a Motor Vehicle or Vessel With Occupant or By Assault
Taking a Motor Vehicle or Vessel With Occupant or By Assault is an offence under section 154C(1) 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 assaulted a person with the intention of taking a motor vehicle or vessel, or there was a person, other than your accomplice, inside the motor vehicle or vessel
- You took and drove the motor vehicle or vessel or took it for the purpose of driving it, and
- You did so without the consent of the owner or lawful occupier
An ‘assault’ is where you intentionally or recklessly:
- Made unauthorised physical contact with another person, or
- Caused another person to apprehend immediate and unlawful violence
A ‘motor vehicle’ is any vehicle built to be propelled by a motor which forms part of the vehicle
A ‘vessel’ is a water craft of any description used or capable of being used as a means of transportation on water.
Defences to the charge include:
- Self-defence
- Duress, and
- Necessity
What Our Clients Say SEE ALL
-
★★★★★
Got me the best possible outcome, her knowledge and skills helped me a lot
Coincidering my charges lawyer Karina got me the best possible outcome, her knowledge and skills…
-
★★★★★
Better than expected outcome
Patrick performed well under unexpected time pressure today. I engaged Patrick's services to defend me…
-
★★★★★
Extremely happy with outcome
Big thank you to Fred Cao who was representing me today. Explained step by step…
-
★★★★★
No conviction for my father’s driving offence
Wissam successfully got a no conviction for my father’s driving offence which will enable him…