What is Stealing a Motor Vehicle or Vessel ?

The offence of Stealing a Motor Vehicle or Vessel is contained in Section 154A of the Crimes Act 1900 (NSW) which creates a number of offences, the most prevalent of which is Section 154F- taking and driving a motor car without the consent of the owner or the person in lawful possession.

Case law/Jurisdiction
This matter is a Table 1 matter. This means that it is normally heard in the Local Court unless the DPP elect to try by indictment in which case it will be heard in the District Court.

The nature and elements of the offence of Stealing a Motor Vehicle or Vessel were considered in the case of R v Glenister (1980) 2 NSWLR 597 esp at 607–608. Here it was said:

“The jury should be told that to establish that the accused took the conveyance “fraudulently”, he or she must be shown to have acted dishonestly in the sense that the purpose at the time of the taking of the conveyance was dishonest and that, in deciding whether the act of taking was dishonest, they should apply the current standards of ordinary decent people”

What must the prosecution prove?

Since Stealing a Motor Vehicle or Vessel offence is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Stealing a Motor Vehicle or Vessel.

To establish Stealing a Motor Vehicle or Vessel, the prosecution must prove each of the following matters beyond reasonable doubt;

  • You were the person who committed the offence;
  • That you stole a motor vehicle or vessel; and
  • With the intention to permanently deprive the owner of the motor vehicle or vessel
  • Our Top Lawyers will work closely with you to assess whether the Prosecution case is weak or strong.

The Law

154F of the Crimes Act 1900 (NSW) states:

A person who steals a motor vehicle or vessel is guilty of an offence.

If you are charged with the offence of Stealing a Motor Vehicle or Vessel what are your options?

National Criminal Lawyers have been successful in defending a large number of stealing a Motor Vehicle or Vessel charges where the prosecution could not establish each of the elements of Stealing a Motor Vehicle or Vessel. We have also achieved a number of non-convictions for stealing a Motor Vehicle or Vessel charges.

NCL offer the following options for those who have been charged with Stealing a Motor Vehicle or Vessel;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Stealing a Motor Vehicle or Vessel offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

For one of Australia’s Best Criminal Lawyers, please contact us now for a first FREE consultation. on 02 9893 1889.

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