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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:

  1. 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
  2. You took and drove the motor vehicle or vessel or took it for the purpose of driving it, and
  3. You did so without the consent of the owner or lawful occupier

An ‘assault’ is where you intentionally or recklessly:

  1. Made unauthorised physical contact with another person, or
  2. 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:

  1. Self-defence
  2. Duress, and
  3. Necessity

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