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Stealing of a Motor Vehicle (Special Case)

Robbery Offences – WA

Welcome to the WA Stealing of a Motor Vehicle (Special Case) article page. Everything you need to know about Stealing of a Motor Vehicle (Special Case) according to WA Law.

What the Law states according to WA Law for Stealing of a Motor Vehicle (Special Case)

According to WA Law for the charge of Stealing of a Motor Vehicle (Special Case):

Section 371A: A person who unlawfully-

(1) Uses a motor vehicle;
(2) Takes a motor vehicle for the purpose of using it; or
(3) Drives or otherwise assumes control of a motor vehicle,

without the consent of the owner or the person in charge of that motor vehicle is said to have stolen that vehicle.

The Maximum Penalty – Stealing of a Motor Vehicle (Special Case)

According to WA Law for the charge of Stealing of a Motor Vehicle (Special Case):

Where the property stolen is a motor vehicle, the maximum penalty is 7 years imprisonment. If the vehicle is driven dangerously or recklessly, the maximum penalty is 8 years.

Where the matter is able to be dealt with summarily in the Magistrate’s Court, the maximum penalty is 2 years imprisonment and a fine of $24,000.

What the Police must prove according to WA Law for Stealing of a Motor Vehicle (Special Case)

(1) That the accused used, took or drove or assumed control of a motor vehicle;
(2) That the motor vehicle belongs to another person; and
(3) That the accused took the motor vehicle without the consent of the owner.

The Police may also have to prove reckless or dangerous driving if they are seeking a term of 8 years imprisonment.

Where the stolen property is a motor vehicle, the Police do not have to prove that the accused intended to take the car permanently.

Possible Defences under WA Law – Stealing of a Motor Vehicle (Special Case)

(a) That the accused had consent or permission to take the vehicle;
(b) Duress;
(c) Insanity;
(d) Identification (the accused was not the person who took the vehicle); and
(e) Mistake of fact.

In WA which court will hear the matter – Stealing of a Motor Vehicle (Special Case)

The matter would be heard in the District Court or the Magistrate’s Court if it is being dealt with summarily.

Stealing is an ‘either-way’ offence. If the matter is able to be dealt with summarily it will probably by heard in the Magistrate’s Court. However, if the matter is particularly serious, or if the accused is also facing charges which are being dealt with in the District Court, the Prosecution may make an application to have the stealing charge also heard in the District Court.

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