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.

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.

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

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.