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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 10 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 12 years.
(1B) If the offender publishes material on a social media
platform or an online social network to— (a) advertise the offender’s
involvement in the offence; or
(b) advertise the act or omission constituting
the offence;
the offender is liable to imprisonment for 12 years.
(1C) If—
(a) the offence is committed in the night; or
(b) the offender— (i) uses or
threatens to use actual violence; or
(ii) is or pretends to be armed with a
dangerous or offensive weapon, instrument or noxious substance; or
(iii) is
in company with 1 or more persons; or
(iv) damages, or threatens or attempts
to damage, any property;
the offender is liable to imprisonment for 14 years.
(1D) Subsections (1) to (1C) do not apply if 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.
(1E) The accused person bears the
evidential burden in relation to the matters stated in subsection (1D) .
(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—
"advertise" means attract the notice and attention of the public or a limited
section of the public.
"material" includes anything that contains data from which text, images or
sound can be generated.
"vessel" means every kind of vessel designed for use on or in water, not
propelled exclusively by oars.
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