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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:
An ‘assault’ is where you intentionally or recklessly:
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:
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