Unlawful Use of a Motor Vehicle
Using a motor vehicle without authority is a serious offence in Queensland and can cost you your freedom, your money and your future. If you’ve been charged with this offence you need to act fast and get expert advice. Our Brisbane based criminal lawyers specialise in defending people charged with motor vehicle offences and will provide you with a tailored strategy to protect your rights and get the best outcome.
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What is Unlawful Use of a Motor Vehicle Without Authority?
Section 408A of the Criminal Code Act 1899 (Qld) defines using a motor vehicle without authority as when someone uses or is in possession of a vehicle without the consent of the lawful owner or person in lawful possession. This offence can include:
- Joyriding: Temporarily using someone else’s vehicle without intending to keep it.
- Theft: Taking a vehicle with the intention of permanently depriving the owner of it.
- Being an Accomplice: Assisting or being involved with another person who uses the vehicle without authority.
The law applies to all types of vehicles, cars, motorcycles, boats and even aircraft. You can be charged whether you were driving or just a passenger in the vehicle.
Maximum Penalty for Using a Motor Vehicle Without Authority
The penalties for this offence depend on the circumstances and any aggravating factors. You may be faced with:
- Fines
- Community Service
- Licence Suspension or Disqualification
- Imprisonment:
- 10 years for standard offences.
- 12 years if the vehicle was used or intended to be used in committing another indictable offence, or if the offender publishes material related to the offending on social media.
- 14 years if the vehicle was damaged, destroyed or tampered with during the offence, or if the offence was committed at night, or if the offender was armed or in company of 1 or more other persons, or if the offender uses or threatens to use actual violence.
Actual penalties imposed will vary depending on numerous factors such as circumstances of aggravation and an offender’s history.
If You’ve Been Charged with Unlawful Use of a Motor Vehicle
Being charged with this offence can be daunting but taking the right steps early will make a big difference in your case. Depending on the seriousness of the charge, your case may be tried in the District Court. Here’s what to do if you’ve been charged:
Get Legal Advice Now
Contact Bazzi Law as soon as you are charged or become aware of an investigation against you. Our lawyers will explain your rights and make sure you don’t make any statements that can harm your defence during police questioning. Additionally, they will immediately start exploiring possible defences that may be available to you.
Say Nothing Until Represented
Anything you say to police can be used against you in court. Don’t answer questions without a lawyer present.
Know Your Charges
Bazzi Law will explain the specific allegations against you and what the prosecution must prove to get a conviction. In certain circumstances, the case may be handled summarily (in the Magistrates Court), ordinarily resulting in lighter penalties.
What are Your Options?
There are several defences to unlawful use charges depending on your situation:
- Mistaken Identity: Proving you were not involved in the offence.
- Lack of Intent: Showing there was no intention to use or deprive the owner of the vehicle.
- Consent: Showing you had permission from the person in lawful possession, which could be the owner, a lessee, or someone who borrowed the vehicle.
- Honest and Reasonable Belief: Showing you believed you had lawful authority to use the vehicle.
We will go through your case to determine which defences apply.
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View more InsightsFrequently asked questions
What constitutes "unlawful use of a motor vehicle" under Queensland law?
Unlawful use of a motor vehicle in Queensland, as defined by Section 408A of the Criminal Code Act 1899, involves using or possessing a vehicle without the consent of the lawful owner or person in lawful possession. This can include joyriding, theft, or being an accomplice to someone who uses the vehicle without authority.
What are the potential penalties if convicted of unlawful use of a motor vehicle?
Penalties can vary based on the circumstances and any aggravating factors. They can include imprisonment (up to 14 years for severe cases), significant fines, community-based orders, and possible suspension or disqualification of your driver’s licence.
What should I do if I am charged with unlawful use of a motor vehicle?
It is crucial to seek legal advice immediately. Avoid making any statements to the police without a lawyer present. A legal expert can help you understand the charges, explore possible defences, and guide you through the legal process.
Are there defences available for unlawful use charges?
Yes, several defences might apply depending on your situation. These can include mistaken identity, lack of intent, having consent from the lawful possessor, or an honest and reasonable belief that you had authority to use the vehicle. An experienced lawyer can help determine which defences are applicable to your case.