The offence of taking or being carried in a conveyance without the owner’s consent in New South Wales – Crime

Four men suspected of being part of a criminal group have been
charged with a string of offences over an alleged police on the
Northern Beaches of Sydney involving a utility taken without the
owner’s consent.

Police say they were called to Ayama Avenue in Manly in
relation to an alleged assault.

Attending officers from Northern Beaches Police Area Command
were told that those involved had driven off in a Toyota Hilux, and
the suspected vehicle was located a short time later on Warringah
Road in Forestville.

Police say they attempted to pull the vehicle over and had to
commence a pursuit after it failed to comply.

Roads spikes were then deployed and the ute containing five men
was stopped Starkey Street in Forestville, one of whom was injured
and taken to hospital for treatment.

The remaining four men – two of whom were aged 24, one
aged 19 and one 25 – were arrested and taken to Manly Police
Station where they were each charged with:

One of the 24-year old men was also charged with
police pursuit, driving recklessly and using an offensive
weapon to prevent lawful detention.

The injured man, believed to be the owner of the ute, has since
been released from hospital.

The four defendants will face
Manly Local Court to answer the allegations.

The offence of
taking or being carried in a conveyance without the owner’s
consent

Taking or being carried in a conveyance without the owner’s
consent is an offence under
section 154A of the Crimes Act 1900 (‘the Act’) which
expressly amounts to a ‘larceny’ in New South Wales.

‘Larceny’ is an offence under
section 117 of the Act which carries a maximum penalty of 5
years in prison.

What does the
prosecution have to prove?

To establish the offence of taking or being carried in a
conveyance without consent, the prosecution must prove beyond
reasonable doubt that:

1. You took and drove a conveyance, or you took a conveyance for
   the purpose of driving it, or to secrete it, obtain a financial
   reward for it, or for any other fraudulent purpose, or you allowed
   yourself to be carried in it,




2. You did not have the owner of the conveyance’s consent to
   do so, and




3. You knew the owner did not consent.

What is a
conveyance?

A ‘conveyance’ is defined as any cart, wagon, cab,
carriage, motor car, caravan, trailer, motor lorry, tractor, earth
moving equipment, omnibus, motor or other bicycle, tank or other
military vehicle, or any ship, or vessel, used or intended for
navigation.

What is a
vessel?

A ‘vessel’ is a water craft of any description used or
capable of being used as a means of transportation on water.

What are the
legal defences to the charge?

If you are able to raise evidence of a defence to the charge of
taking or being carried in a conveyance without consent, the onus
then shifts to the prosecution to prove beyond a reasonable doubt
that the defence does not apply to the circumstances of your
case.

If the prosecution is unable to do this, you are entitled to an
‘acquittal’; in other words, a verdict of not guilty.

Legal defences to the charge include duress, necessity,
self-defence and what’s known as ‘claim of right’;
which is where you had a genuine belief you were legally entitled
to the property.

Going to
court?

If you have been accused of taking or being carried in a
conveyance without the owner’s consent, contact Sydney Criminal
Lawyers anytime to arrange a free conference with an experienced
defence lawyer who will accurately advise you about how the law
applies to your situation, as well as your options and the best way
forward, and fight for the optimal outcome in your case – so
you can get on with what’s important in your life.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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