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In England, Wales and Northern Ireland taking without owner's consent (TWOC), also referred to as unauthorised taking of a motor vehicle (UTMV)describes any unauthorised use of a car or other conveyance that does not constitute theft. A similar offence, known as taking and driving away, also exists in Scotland.
In police slang usage, twoc became a verb, with twocking and twockers (also spelled twoccing and twoccers) used respectively to describe car theft and those who perpetrate it: these usages subsequently filtered into general British slang.
Any unauthorised taking of a car is likely to cause distress and can cause significant inconvenience to the owner and his or her family, so this is an offence covering an everyday crime, yet one that often involves genuine emotions of personal invasion. Nevertheless, it is a summary offence defined under section 12(1) of the Theft Act 1968:
a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another's use, or knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.
Adopting the standard section 1 definition of theft would require a dishonest appropriation of the conveyance with intent to permanently deprive the owner. There will therefore be little difficulty in prosecuting as theft situations where the stolen car is later sold (sometimes through a process of 'ringing' i.e. its identity is changed and forged documents of title produced) or broken for spare parts, because the evidence of an intent permanently to deprive is clear. But the twoccing situation usually describes joyriding where all that is intended is an unauthorised use for a short period of time. Alternatively, it covers situations where a vehicle is taken for the purposes of another offence, e.g. it is to be used to escape after a bank robbery and then abandoned. This offence is an alternative verdict under section 12(4) which provides:
If on the trial of an indictment for theft the jury are not satisfied that the accused committed theft, but it is proved that the accused committed an offence under subsection (1), the jury may find him guilty of the offence under subsection (1).
There must be some positive movement of the vehicle. Simply rolling it forwards or backwards a few metres is not sufficient (if someone parks their car so close to yours that they make it impossible to drive your vehicle, it is permissible to move their vehicle a few feet to extricate yours) but, equally, it is not necessary that the engine be started. Releasing the brake and allowing the vehicle to run down a hill would be sufficient, as would driving the vehicle for a short distance. The taking may also be a material unauthorised use. For example, if a person hires a car to drive from London to Birmingham, but actually drives it to Liverpool, that will be a taking. The conveyance need not have anyone in it at the time of the taking; merely being a conveyance is sufficient.
To be a conveyance, the vehicle must have been constructed or adapted to carry a driver (and others, depending on the design) whether by land, water or air (so it includes a hovercraft). Pedal cycles are excluded from section 12(1), but are covered by section 12(5) with reduced penalties, except for one constructed or adapted only for use under the control of a person not carried in or on it.
If the vehicle is taken with the owner's knowledge, the owner has consented. But apparent consent can be ignored if obtained by a deception, e.g. giving a false identity when hiring a car. This overlaps with the section 15 offence of obtaining property or services by deception. Taking by force may be robbery when the defendant did not intend the victim to recover the vehicle at all or so seriously damaged it that such conduct amounts to a theft (see section 6). If the evidence is insufficient for theft, the alternative charges are aggravated vehicle taking or blackmail under section 21. Note that section 12(7) protects the interests of people hiring or buying under a hire purchase agreement by deeming them to be the owner for the purposes of section 12.
The defendant must know that the vehicle has been taken without the owner's consent, and that the accused has either driven the vehicle or been a passenger.
This is a statutory version of the so-called claim of right defence which represents an exception to the general rule that ignorantia juris non excusat , i.e. a limited mistake of law defence. Thus, section 12(6) allows a defence where the defendant believes that he has the lawful authority to do it or that he would have the owner's consent if the owner knew of his doing it and the circumstances of it. So, for example, if a vehicle was moved a short distance because it was causing an obstruction, those moving it might reasonably believe that they have lawful authority to remove the obstruction.
Because section 12 is a summary only offence, there can be no attempt, so anticipatory acts are an offence of vehicle interference contrary to section 9 of the Criminal Attempts Act 1981. The defendant must interfere with the vehicle or a trailer or anything in or on it. Merely touching the vehicle would not be enough. There must be some positive effort made to enter or affect it, and an intention to take or steal it.
The offence of aggravated vehicle-taking was created by the Aggravated Vehicle-Taking Act 1992, which amended the Theft Act 1968 to address the issue of joyriding. It is committed if a person commits an offence under section 12(1) of the Theft Act 1968 in relation to a mechanically propelled vehicle and it is proved that at any time after the vehicle was unlawfully taken (whether by that person or another) and before it was recovered, the vehicle was driven, or death, injury or damage was caused, in one or more the circumstances listed in section 12A(2):
There are two offences: under section 12A(2)(b) where an accident results in the death of another (maximum 14-year sentence), and the less serious version under the other three headings (maximum two years sentence). In R v Marcus Leon Ashley Forbes (2005) EWCA Crim 2069, the defendant was seen to take a car and then engaged in a high-speed car chase with the police. The judge at first instance described the defendant as a menace, having driven in ways that could so easily have killed wholly innocent road users while disqualified, while released on licence having been convicted of other aggravated TWOC offences, and while "out of his head" on ecstasy. He had a long track record of convictions. The judge imposed the maximum consecutive sentences for aggravated taking and driving while disqualified. According to R v March (2002) 2 Cr App R (S) 448, credit should be given for a guilty plea and Forbes felt a keen sense of injustice that he had been given the maximum sentence.[ citation needed ] The Court of Appeal confirmed the consecutive element of the sentence but felt that there was no overwhelming public policy justification for awarding the maximum sentence. Accordingly, a reduction was made to 22 months' detention in a young offender institution.
The offence of taking without consent exists in Northern Ireland under article 172 of the Road Traffic (Northern Ireland) Order 1981.
A similar offence known as taking and driving away exists in Scotland. It is an offence under section 178 of the Road Traffic Act 1988 to take and drive away a motor vehicle without the consent of the owner or, knowing the vehicle has been taken, to drive it or be carried in it.
The offence is intended to be used where a motor vehicle is taken, driven away and later abandoned. Where the vehicle is abandoned in a place where it is unlikely to be found the common law offence of theft is the more appropriate charge. Where police trace the vehicle and it is still in the possession of the person who took the vehicle is would also be more appropriate to charge the person with theft.
An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law.
Theft is the taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, library theft or fraud. In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny. Someone who carries out an act of or makes a career out of theft is known as a thief.
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft by its inherently violent nature ; whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words of Germanic origin, from Common Germanic raub "theft".
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law, where in many cases it remains in force.
Burglary, also called breaking and entering and sometimes housebreaking, is illegally entering a building or other areas to commit a crime. Usually that offence is theft, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.
Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating, lying, or deliberately withholding information, or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousness. Dishonesty is the fundamental component of a majority of offences relating to the acquisition, conversion and disposal of property defined in criminal law such as fraud.
Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence.
Causing death by dangerous driving is a statutory offence in England and Wales, Scotland and Northern Ireland. It is an aggravated form of dangerous driving. It is currently created by section 1 of the Road Traffic Act 1988.
In United States law, reckless driving is a major moving traffic violation that generally consists in driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious offense than careless driving, improper driving, or driving without due care and attention and is often punishable by fines, imprisonment, or driver's license suspension or revocation. This term is specific to the law of the United States. Outside of the United States, reckless driving if committed in other countries would be termed as dangerous driving, or driving to endanger.
Property crime is a category of crime, usually involving private property, that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime is a crime to obtain money, property, or some other benefit. This may involve force, or the threat of force, in cases like robbery or extortion. Since these crimes are committed in order to enrich the perpetrator they are considered property crimes. Crimes against property are divided into two groups: destroyed property and stolen property. When property is destroyed, it could be called arson or vandalism. Examples of the act of stealing property is robbery or embezzlement.
Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally restricted to the payment of damages by way of compensation.
The Penal Code of Singapore sets out general principles of the criminal law of Singapore, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating. The Penal Code does not define and list exhaustively all the criminal offences applicable in Singapore – a large number of these are created by other statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.
Fault, as a legal term, refers to legal blameworthiness and responsibility in each area of law. It refers to both the actus reus and the mental state of the defendant. The basic principle is that a defendant should be able to contemplate the harm that his actions may cause, and therefore should aim to avoid such actions. Different forms of liability employ different notions of fault, in some there is no need to prove fault, but the absence of it.
In United Kingdom law, dangerous driving is a statutory offence. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving. Canada's Criminal Code has equivalent provisions covering dangerous driving.
Burglary is a statutory offence in England and Wales.
Impaired driving is the term used in Canada to describe the criminal offence of operating, having care or the control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the Criminal Code, with greater penalties depending on the harm caused by the impaired driving. It can also result in various types of driver's licence suspensions.
Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including his/her criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.
The Aggravated Vehicle-Taking Act 1992 is an Act of the Parliament of the United Kingdom. It amends the Theft Act 1968 by creating the specific offence of aggravated vehicle-taking, which combines the taking of a vehicle without the owner's consent with driving it dangerously, causing injury, or causing damage to the vehicle or other property. It carries a mandatory disqualification from driving.