Charged with Using a Vehicle Without Consent?
Using a motor vehicle without the owner’s consent is a criminal offence in South Australia. This offence is commonly referred to as illegal use of a motor vehicle and is prosecuted under the Criminal LawConsolidation Act 1935 (SA). It carries significant penalties, including imprisonment, fines, and loss of driving privileges.
What the Offence Is
Under section 86A of the Criminal Law Consolidation Act 1935(SA), it is an offence to use or interfere with a motor vehicle without theconsent of the owner or lawful possessor.
This offence includes:
- Driving a vehicle without permission – Taking a car, motorcycle, truck, or any motor vehicle without the owner’s consent.
- Being a passenger in a stolen vehicle – Even if you are not the driver, knowingly being in a vehicle taken without consent can still result in criminal charges.
- Tampering with a vehicle – Attempting to start, move, or interfere with a car without the owner’s permission.
Unlike car theft (which involves an intention to permanently deprive the owner of the vehicle), this offence applies even if the vehicle was only taken for a short period.
Why you Need Legal Advice
A conviction for using a motor vehicle without consent can have serious long-term consequences, including a criminal record, loss of driving privileges, and even imprisonment. If you have been charged with this offence, it is critical to get legal representation as soon as possible.
Contact Stanley & Co Lawyers on 08 7001 6135 to speak with an expert Criminal Lawyer. We offer a complimentary 30-minute, no-obligation consultation to discuss your case and advise you on your best legal options.
Helpful Questions & Answers
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What the Prosecution Needs to Prove (Elements of the Offence)
To secure a conviction for illegal use of a motor vehicle,the prosecution must prove beyond a reasonable doubt that:
- The accused used or interfered with a motor vehicle.
- The vehicle belonged to another person (i.e., the accused did not own or have lawful possession of it).
- The accused did not have the consent of the owner or lawful possessor.
- The accused had knowledge or was reckless about the lack of consent.
If any of these elements cannot be proven, the accused maynot be found guilty.
The Relevant Court
The charge of using a motor vehicle without consent is generally dealt with in the Magistrates Court of South Australia as a summary offence. However, in more serious cases - such as those involving repeat offences, damage to the vehicle, or dangerous driving - the matter may be heard in the District Court.
What Defences Are Available?
Several defences may be available to a person charged withthis offence, including:
- Honest and Reasonable Mistake – If the accused reasonably believed they had the owner’s permission to use the vehicle, they may not be guilty.
- Consent Was Given – If the owner allowed the accused to use the vehicle but later changed their mind, the charge may not stand.
- Lack of Evidence – The prosecution must prove that the accused was the person who took or interfered with the vehicle. If there is no reliable evidence (e.g., CCTV footage or witness testimony), the case may not succeed.
- Necessity (Duress) – If the accused was forced to take the vehicle due to an immediate threat to their safety (e.g., escaping from danger), they may argue duress as a defence.
Each case is different, and it is important to seek legaladvice to determine the best defence strategy.
What Are the Specific Maximum Penalties for the Offence?
Under section 86A of the Criminal Law Consolidation Act 1935(SA), the penalties for using a motor vehicle without consent include:
- Up to 2 years' imprisonment for a first offence.
- Up to 4 years' imprisonment for a subsequent offence.
Additional penalties may include:
- Fines – The court may impose significant monetary penalties.
- Licence Disqualification – The accused will lose their driver’s licence for a period of at least 12 months.
- Vehicle Impoundment – If the offence involved reckless or dangerous driving, the vehicle may be seized by police.
If the vehicle was damaged or used to commit further crimes,the penalties may be more severe.
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