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Use Of Motor Vehicle

What the law says

Sections 25 of the Summary Offences Act Queensland states:

A person must not-

  • (a) unlawfully use a vehicle without the consent of the person in lawful possession of the vehicle; or
  • (b) have a vehicle in the person's possession without the consent of the person in lawful possession of it (the other person) with intent to temporarily or permanently¬† deprive the other person of the use or possession of the vehicle.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused used the vehicle without the consent of the person in lawful possession; or
  2. The accused intended to temporarily or permanently deprive the other person of the use of the vehicle.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Use of Motor Vehicle is 20 penalty points or 1 years imprisonment.

Which court will hear the matter

This matter is a simple offence which means it is dealt with in the Magistrates Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. The accused had the permission of the person in lawful possession of the vehicle to use it.
  2. The accused did not intend to temporarily or permanently deprive the other person of the use of the vehicle.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Use of Motor Vehicle matters)

 

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