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What Is Unlawful Use of a Motor Vehicle?
Unlawful use of a motor vehicle is defined as:
“Taking, using, or interfering with a motor vehicle without the consent of the owner or person in lawful possession of the vehicle. This includes not only driving the vehicle without permission but also any tampering or interference with the vehicle’s mechanism or any part of it.”
This offence covers a broad spectrum of actions, from driving a vehicle without permission to tampering with its parts.
The charge of unlawful use of a motor vehicle is a serious matter in the legal system and is typically dealt with in the Magistrates Court. It doesn’t generally escalate to higher courts unless accompanied by more severe offences.
For a successful prosecution, the following elements must be established beyond reasonable doubt:
- The accused took, used, or interfered with a motor vehicle;
- The vehicle belonged to another person or was under someone else's lawful possession;
- There was no consent from the owner or the lawful possessor;
- The act was done intentionally and without lawful excuse.
Penalties for Unlawful Use of a Motor Vehicle
A conviction for the unlawful use of a motor vehicle can lead to various consequences, including:
Imprisonment – In more serious cases, especially where aggravating factors are present, the court may impose a custodial sentence.
Fines – The court may impose a monetary penalty, the amount of which can vary based on the severity of the offence.
Probation or Community Service – For less severe cases, or based on the offender’s background, alternatives to imprisonment, such as probation or community service, might be considered.
Criminal Record – A conviction will result in a criminal record, which can impact future employment opportunities and travel prospects.
If Charged with Unlawful Use of a Motor Vehicle
A conviction for the unlawful use of a motor vehicle can lead to various consequences, including:
Mistaken Belief in Consent – Arguing that you genuinely believed you had the owner’s consent to use the vehicle. This belief must be reasonable under the circumstances.
Necessity or Duress – Claiming the use of the vehicle was under duress or necessity, such as in an emergency situation where using the vehicle was the only option to avoid significant harm.
Lack of Intent – Demonstrating that there was no intention to use the vehicle unlawfully. For instance, if you were unaware that the vehicle was taken without the owner’s consent.
Temporary Use – In some cases, the argument that the vehicle was only used temporarily and was intended to be returned might be applicable, especially if there was no intention to permanently deprive the owner of it.
Each defence is highly dependent on the specifics of the case.
Criminal Law Experts in Unlawful Use of a Motor Vehicle Charges
Contact us today and start with an initial consultation with one of our skilled lawyers specialising in motor vehicle offences. Our team will assess your case, laying out the expected course of action and explaining the legal process post-retention.
With a substantial team of lawyers, paralegals, legal assistants, and administrators, we ensure that our clients receive meticulous attention and care throughout every stage of their legal journey. No detail will go unnoticed in your case as we strive to deliver the best possible outcome for each and every client we represent.
