Notesale: Turn your study into money

Document Preview

Extracts from the notes are below, to see the PDF you'll receive please use the links above

---

Taking a conveyance (TWOK)
section 12 theft act 1968
Taking a conveyance
• A person commits an offence if without the consent of the owner or other lawful authority
takes a conveyance for their own or another use or KNOWING that a conveyance has been
taken without authority DRIVES or ALLOWS themselves to be carried in it or on it
...
So a horse is not TWOK but a horse and carriage is
TWOK
• Driving = direction and movement
• In a stated case – Driving is what would be defined by a normal as driving (e
...
standing
outside and using the steering wheel is not driving)
• R vs Miller
Conveyance
• Any conveyance CONSTRUCTED or ADAPTED for the carriage of persons by land
,water or air
except
• one that is constructed or adapted only for the use of a person not carried in or on it e
...

electric handcarts, milk floats and similar
...
His or her duty gives lawful authority
• Bailiffs, local authorities (clamping) etc
...
There must be movement of the conveyance and just sitting in it is not
“taking” (R V Bogacki 1973)
• Placing a dingy on top of a vehicle and driving it to another location to be used a
conveyance later is TWOK (R V Pearce 1973)
His own or another’s use
• The conveyance must be taken for the takers or another eventual use AS A CONVEYANCE
• if on person pushes the conveyance around the corner so that another can use it then offence
occurs at the time of the first push#When the second person moves the conveyance they also
commit the offence
Defences to section 12
• A person has a defence under this section by doing anything in the belief that:
• He has lawful authority to do it
• or
• That he would have the owners consent if the owner knew of his doing it and the
circumstances of it

Aggravated vehicle taking
• Person commits an offence under section 12 (1) taking a conveyance in relation to a
mechanically propelled vehicle

---