What the law states
Illegal use of a motor vehicle is otherwise referred to as ‘joy-riding’. This is an offence under Section 154A(1)(a) of the Crimes Act 1900 (NSW):
(1) Any person who:
(a) without having the consent of the owner or person in lawful possession of a conveyance, takes and drives it, or takes it for the purpose of driving it, or secreting it, or obtaining a reward for its restoration or pretended restoration, or for any other fraudulent purpose, or
(b) knowing that any conveyance has been taken without such consent, drives it or allows himself or herself to be carried in or on it,
shall be deemed to be guilty of larceny and liable to be indicted for that offence.
For the purposes of this section "conveyance" means 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, and "drive" shall be construed accordingly.
As is indicated by the Act, not only the driver, but also any passenger who is aware that the car has been unlawfully taken is liable for punishment.
Example of this offence
An example of this offence is taking the car of another person out driving all night without the consent of the owner.
Penalty
The maximum penalty for illegal use of a motor vehicle- ‘joy-riding’, is 5 years imprisonment.
Defences to this offence
Some defences available to this offence include duress, and necessity. Also, as a passenger, if you can prove that it was reasonable that you were not aware that the car was illegally possessed by the driver.
How can Prime Lawyers help you?
There are generally two ways you can proceed with a criminal charge – plead guilty or plead not guilty. Just because you have been charged with Illegal use of a Motor Vehicle, does not mean you are guilty.
Our criminal solicitors will first investigate the charge against you and the evidence that the Police have gathered to support their charge. We will then give you clear advice on which way you should plead – guilty or not guilty (ie defending the charge).
If you are pleading guilty to this charge, our aim is to minimise what penalty you receive. It is possible to be imprisoned for this charge and as such we do not take these matters lightly. We will fight to protect your freedom.
If you are pleading not guilty to this charge, our criminal defence lawyers will carefully pick apart the Prosecution’s case against you and advocate for you at court.