You can (and will) be charged with unlawful use of a motor vehicle even if you are just a passenger.
Example Archie and Maxie
Tim is the owner of a brand-new Porsche, two weeks ago someone broke into Tim’s house and stole the keys to the Porsche and took the car! Tim reported the car stolen to the police but unfortunately, there were no fingerprints or forensics or any leads as to who may have stolen the car.
Archie and Maxie have been best mates for a good decade, sadly Maxie has been out of work the last couple months and has been struggling to get by.
Yesterday Archie was walking to the shops for some hot chips. The fish and chip shop was a good 30-minute walk away but, when you have a craving for hot chips, “you gotta do what you gotta do”. About 10 minutes into the walk Maxie pulls up next Archie in a brand-new Porsche and offers Archie lift to the shops.
Unfortunately for both Archie and Maxie (but mostly Archie because he didn’t get any hot chips) the police pull over the car and charged both Archie and Maxie with unlawful use of a motor vehicle (stealing a car).
Archie explains to his lawyer “I didn’t know the car was stolen, why am I being charged!”. Well, unfortunately for Archie the law says that if the prosecution can prove these two things, the charges will stick:
- Archie used to the car;
- Archie didn’t have the consent of the owner.
Now Archie may not have been the driver of the car, but in the case of Malayta v Queensland Police Service, the court found that even getting a lift which is called a “conveyance” is enough to have used the vehicle. Because Tim, the owner of the vehicle didn’t give consent for Maxie or Archie to use the vehicle the charge can be made out (that’s lawyer-speak for found guilty).
Archie might be able to raise a defence of mistake. But Archie will have to lead evidence that he had a reasonable belief the car did belong to Maxie. In this case, because Archie knew Maxie was unemployed and didn’t have the means to own a brand-new Porsche this is going to be difficult for Archie.
To make matters worse, when interviewed by police Archie made the mistake of telling the police that he knew Maxie was unemployed. What Archie should have done, is what they do in the movies and preserved his right to silence by not talking to the police.
It sounds silly, but if you get into a car that seems too good to be true but you might also get charged with unlawful.
It may not be a Porsche, but if you are charged with stealing a car, call the right lawyer, right now Murray Torcetti Lawyers on 5414 4209.
