Have you been charged with Taking or Using a Vehicle Without Consent of Owner?
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What does it mean to be charged with taking or using a vehicle without consent of the owner?
Section 38 of the Summary Offences Act 1966 (“SOA”) prohibits any person from taking or using a vehicle (including a bicycle, but excluding motor vehicles as defined in the Road Safety Act 1986) or a boat, ship, or other vessel belonging to another person without the owner’s consent. The law aims to protect property rights and ensure that individuals cannot unlawfully deprive others of their vehicles or vessels.
What must the prosecution prove?
To secure a conviction under Section 38, the prosecution must establish the following elements beyond a reasonable doubt:
- You took or used a vehicle or vessel that belonged to another person.
- You acted without the consent of the owner or person in lawful possession.
The vehicle or vessel in question must fall within the definitions specified in the legislation (e.g., bicycle, boat, ship) and must not be classified as a motor vehicle under the Road Safety Act 1986.
Penalties for taking a vehicle etc without the owner’s consent:
15 penalty units or imprisonment for 3 months.
This imprisonment term applies for those who have returned the car etc, please see theft for charges of non-return.
Where will my case be heard?
Taking or Using Vehicle Without Consent of Owner etc. cases can ONLY be heard in the Magistrates’ Court of Victoria.
Factors and defences to consider:
- Mistake of Fact: You believed you had the owner’s consent to take or use the vehicle.
- Consent: You had permission from the owner or a person in lawful possession.
- Lack of Intent: You did not intend to take or use the vehicle unlawfully.
Other factors to consider:
- Did you take or use the vehicle that belonged to another Did you have permission to use or take that vehicle?
- Did you return the vehicle?
- What is the relationship between you and the owner of the vehicle?
- Do you have any previous convictions of a similar nature?
- What were the surrounding circumstances to this offence?
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What happens next?
If you have been charged with taking or using a vehicle without the owner’s consent, it’s crucial to seek professional legal advice.
Contact MK Law today to discuss your case with our experienced team. We will review the details of your charge, guide you through the legal process, and provide expert representation to help you achieve the best possible outcome. Our specialists can assist with negotiating penalties, reducing charges, and navigating the complexities of the Magistrates Court. Don’t face this challenge alone—reach out to us on 1800 130 120 for dedicated support and effective legal solutions.
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