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CRIMINAL CODE 1899 - SECT 408A
Unlawful use or possession of motor vehicles, aircraft or vessels
408A Unlawful use or possession of motor vehicles, aircraft or vessels
(1) A person who— (a) unlawfully uses any motor vehicle, aircraft or vessel
without the consent of the person in lawful possession thereof; or
(b) has in
the person’s possession any motor vehicle, aircraft or vessel without the
consent of the person in lawful possession thereof with intent to deprive the
owner or person in lawful possession thereof of the use and possession thereof
either temporarily or permanently;
is guilty of a crime and is liable to
imprisonment for 7 years.
(1A) If the offender uses or intends to use the
motor vehicle, aircraft or vessel for the purpose of facilitating the
commission of an indictable offence, the offender is liable to imprisonment
for 10 years.
(1B) If the offender— (a) wilfully destroys, damages, removes
or otherwise interferes with the mechanism (or part thereof) or other part of
or equipment attached to the motor vehicle, aircraft or vessel; or
(b)
intends to destroy, damage, remove or otherwise interfere with the mechanism
(or part thereof) or other part of or equipment attached to the motor vehicle,
aircraft or vessel;
the offender is liable to imprisonment for 12 years.
(1C)
It is a defence to a charge of an offence defined in subsections (1) to (1B)
to prove that the accused person had the lawful consent of the owner of the
motor vehicle, aircraft or vessel to its use or possession by the accused
person.
(2) This section applies without prejudice to any provision of any
other Act relating to the unlawful use or possession of motor vehicles,
aircraft or vessels save that an offender shall not be liable to be convicted
under both this section and such other provision in respect of any one and the
same unlawful use or possession of any motor vehicle, aircraft or vessel.
(3)
In this section—
"vessel" means every kind of vessel designed for use on or in water, not
propelled exclusively by oars.
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