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:
- Imprisonment:
- 7 years for standard offences.
- 10 years if the vehicle was used or intended to be used in committing another indictable offence.
- 12 years if the vehicle was damaged, destroyed or tampered with during the offence.
- Fines: Up to $5,500 or 3 times the value of the vehicle.
- Community Service: The court may order you to do a set number of hours of community service as part of your sentence.
- Licence Suspension or Disqualification: Conviction may mean losing your driver’s licence for a period of time.
The maximum penalty for this offence can be up to 12 years of imprisonment, especially in cases involving significant aggravating factors.
These penalties can be much higher if there are aggravating factors such as reckless driving, property damage or using the vehicle for another offence. Repeat offenders will also get worse penalties.
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 help ensure the prosecution cannot prove the case beyond a reasonable doubt.
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. If the defendant intends to plead guilty, the case may be handled summarily in the Magistrates Court, affecting the potential 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.
How We Can Help
Our team represents individuals charged with using a motor vehicle without authority in Brisbane. We can also represent you in the Magistrates Court, especially if the offence is less serious. Here’s how we can help at every stage of your case:
Early Intervention
We provide legal advice during police investigations to protect your rights and prevent mistakes that can harm your case.
Building Your Defence with Reasonable Doubt
We go through all the evidence the prosecution will present: police reports, CCTV footage, witness statements. We find the holes in their case. Evidence of physical possession will be crucial in building a strong defense.
We Represent You at Every Stage
From bail applications to court appearances and sentencing hearings we will guide you through the whole process with expertise and care. Our team will also help you fill out the necessary Magistrates Court forms and guide you through the procedural aspects.
Customised Legal Solutions
Every case is different so we develop solutions for your situation – whether it’s contesting the charges at trial or negotiating community service or diversion programs. Our team will help you understand the legal definitions, including ‘possession thereof,’ to build a strong case.
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What makes us our law firm different?
Professionalism
We strive for legal excellence in all capacities and circumstances. Our team are mindful of our obligations as legal representatives, and this drives the approach we put forth to facilitate and obtain positive outcomes for your case. Our experienced lawyers apply a common sense approach to every legal matter to assure you are given sound advice.
Tenacity
We truly go above and beyond for our clients at Bazzi Law. Above all, we believe in building strong relationships. The outcome of your legal matter is our paramount consideration. If there is a method, process or approach to handling your matter that can garner an optimal solution, our lawyers will find and implement it. Rest assured, we’ll defend you and will go the extra mile for your case.
Trustworthiness
Trust is essential and vital for client-solicitor relationships. As one of the leading law firms in Brisbane, we pride ourselves on our adherence to the highest ethical standards and do not cut corners when pursuing justice for our clients. We have your best interests at heart.
Communication
Understanding all the elements of your case is crucial – particularly when it comes time to make important decisions related to your matter. As such, we have a stringent belief as well as an extensive knowledge of the law, keeping our clients transparently aware of all matters and facets related to their cases. Your calls won’t be ignored. We’ll give you practical legal advice to help you in a timely manner.
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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 12 years for severe cases), fines up to $5,500 or three times the value of the vehicle, community service, and possible suspension or disqualification of your driver’s license.
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 defenses, and guide you through the legal process.
Are there defenses available for unlawful use charges?
Yes, several defenses 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 defenses are applicable to your case.