Taking Without Consent

Front 1

TWOC

Intended to:

Back 1

remedy problems in making out elements of theft in cases involving cars, motor bikes & bicycles
protect property and promote public safety through additional ‘aggravated’ offence (s.12A)

Front 2

S6 intending permanent deprivation

Back 2

->Issue whether intends permanently to deprive or merely ‘borrowing’/‘using’
->May fulfil if ‘treats the thing as his own to dispose of’ i.e. damaging or burning, or leaving along way away
->But usually only temporary (e.g. joyriding or getaway car)

Front 3

s12: Taking without Consent

Back 3

Without having the consent of the owner
or other lawful authority
he takes any conveyance
for his own or another’s use
knowing that [it] has been taken without such authority
drives it or allows himself to be carried in or on it

Front 4

s.12

Actus reus

Back 4

without consent or lawful authority (as fact)
takes any conveyance
for his own or another’s use
and drives it or allows himself to be carried in or on it

Front 5

S. 12

Mens Rea

Back 5

Knowing that do not have owner’s consent
or lawful authority

Front 6

Definitons

'Taking'

Back 6

involves taking possession or control of vehicle
(Bogacki [1973] 2 All ER 864)
any movement sufficient including shifting out of way. not sleeping in vehicle

Front 7

Definitions

Conveyance’ (s12(7)(a)

Back 7

Anything constructed or adapted to carry people
(not include horse even with bridle – Neal v. Gribble [1978] on land, water, or air
must be used as conveyance (Bow (1976) not radio controlled car

Front 8

Definitions

'Driving'

Back 8

must be voluntary act intending to take control and put car in motion
(not involuntary act e.g. during fight)
(Blayney v. Knight [1975 Crim LR 237)

Front 9

Definitions

'Driving'

Back 9

Allows himself to be carried’
must involve movement - not sitting passively
(Diggin [1980]

Front 10

Lawful Authority

Back 10

->Police authority to commandeer vehicle
->necessity or duress of circumstances
->right in civil law to move obstruction (e.g. blocking right of way)

Front 11

Consent

Back 11

Has consent been given? (genuinely or fraudulently obtained?) Whitaker v. Campbell [1983]; Peart [1970]

Does driver comply with terms of authorisation?
(McGill (1970) 54 Cr App R 300)

Front 12

Consent

Back 12

Does driver exceed it?
TEST: Is the use wholly at odds with the owner’s authority or the loan of the vehicle or the terms of D’s employment?
(McKnight v. Davis [1974 Crim LR 62)

Front 13

Knowing…

Back 13

Hitch-hikers accepting lifts not fall within ‘allows…to be carried’ unless become aware that TWOC
(Boldizar v. Knight [1980] Crim LR 653)
If passenger and know stolen become principal (not merely accomplice)

Front 14

s12A Aggravated Vehicle Taking

Back 14

Prove full offence of s12 AND
(a) drove dangerously
(b) caused accident and someone injured
(c) damage caused to property
(d) damage caused to vehicle

Front 15

Dangerous Driving s2 RTA 1988

Back 15

Drives a mechanically propelled vehicle dangerously on a road or other public place
Way he drives falls far below what would be expected of a competent and careful driver; AND
It would be obvious to a careful and competent driver that driving in that way would be dangerous (s.2A) (includes state of vehicle)

Front 16

Circumstances…

Not guilty:

Back 16

if damage or injury occurs before TWOC taken place
If not in or on the vehicle
if not in immediate vicinity when any of it happened
If vehicle recovered or restored to owner or other lawful possession or authority

Front 17

Problem with property not belonging to another?

Back 17

When the proprietary interest in goods has passed…
e.g. when eating in a restaurant (Corcoran v Whent [1977]; or when filling a tank of petrol (Edwards v Ddin

BUT cf deception/fraud

Front 18

Making Off s3 TA 1978

Back 18

Knowing that payment required or expected
on the spot
makes off
without paying (as required or expected)
dishonestly
with intent to avoid payment

Front 19

Mens Rea

Back 19

->No deception required
->Knowing expected or required (when enter shop or restaurant)
->Dishonesty (Ghosh) –not necessarily initially only when make off

Front 20

Mens Rea

Back 20

Intent to avoid payment = intend never to pay
(not made out if delaying payment or if able to trace you?) (Allen [1985] AC 1029)
If give worthless cheque are you still making payment? (Hammond [1982] Crim LR 611)

Front 21

‘on the spot’

Back 21

in restaurant or shop or at gate or exit (whereever payment due) (Brooks (1982) 76 Cr App R 66)

But can be more than one spot…depends on circumstances (Assiz [1993]

Front 22

Required or expected

not expected if:

Back 22

agreement to postpone payment (even if obtained agreement by deception) (Vincent [2001] 1 WLR 1172)
Arguably can make off even if creditor’s consent to leave (e.g. to go and get some money)

Front 23

Required or Expected
cont.

Back 23

Only concerns legally enforceable payments (not be charged if make off from betting shop or brothel)
Payment must be one that is legally due (i.e. not in breach of contract) (Troughton v. Metropolitan Police [1987]