car theft

[Clifftop]

Does anyone know why if you get your car pinched and the offender gets caught he will be charged with illegal use of a motor vehicle and not car theft.

Along with your house and/or boat this is one of the most expensive items you will ever buy.

[Colin Brett]

Does anyone know why if you get your car pinched and the offender gets caught he will be charged with illegal use of a motor vehicle and not car theft.

Along with your house and/or boat this is one of the most expensive items you will ever buy.

 

Probably so the thief doesn't get a prison sentence! They are full up and no where to put mere thieves!!

 

Colin

[corydoras]

Does anyone know why if you get your car pinched and the offender gets caught he will be charged with illegal use of a motor vehicle and not car theft.

Along with your house and/or boat this is one of the most expensive items you will ever buy.

Because under UK law it is only theft if the prosecution can prove you intended to keep the vehicle.

The actual offence commited is not 'illegal use of a motor vehicle' (I am not sure if such an offence exists). The offence commited is 'Taking Without Consent' commonly called 'TWOCing'. You could also be done for criminal damage if you damaged the vehicle whilst commiting the offence, and you will probably be done for driving without insurance too.

[Clifftop]

Because under UK law it is only theft if the prosecution can prove you intended to keep the vehicle.

The actual offence commited is not 'illegal use of a motor vehicle' (I am not sure if such an offence exists). The offence commited is 'Taking Without Consent' commonly called 'TWOCing'. You could also be done for criminal damage if you damaged the vehicle whilst commiting the offence, and you will probably be done for driving without insurance too.

 

I can understand that and your reply prompted me to do a search on this. Maybe i should have posted "Do you think they should be charged with vehicle theft.

if somebody raped somebody elses wife he would be charged with rape, not illegal use of a wife.

or is my argument flawed here.

 

Subdivision 081 - Motor Vehicle Theft and Related Offences

The taking of another person's motor vehicle illegally and without permission with the intent of either temporarily or permanently depriving the owner or possessor of the use of the motor vehicle. The taking of another person's motor vehicle parts or its contents illegally, whether or not this also involves the taking of the motor vehicle.

 

This subdivision is disaggregated on the basis of whether or not the taking of another person's motor vehicle was intended to be a temporary or permanent action, or whether it was just the vehicle's parts or contents that were taken.

 

Offences in this subdivision are classified into the following groups:

 

0811 Theft of a Motor Vehicle

0812 Illegal Use of a Motor Vehicle

0813 Theft of Motor Vehicle Parts or Contents

 

Exclusions:

The fraudulent conversion of a motor vehicle. This is coded to Group 0931, Dishonest Conversion

Tampering with a motor vehicle (where no property is stolen). This is coded to Subdivision 121, Property Damage

Offences relating to the operation of a stolen motor vehicle. These are coded to Division 14, Road Traffic and Motor Vehicle Regulatory Offences

0811 Theft of a Motor Vehicle

The taking of another person's motor vehicle illegally and without permission with the intent of permanently depriving the owner or possessor of the use of the motor vehicle.

 

Exclusions:

Using/taking a motor vehicle temporarily without consent. This is coded to Group 0812, Illegal Use of a Motor Vehicle

0812 Illegal Use of a Motor Vehicle

The taking of another person's motor vehicle illegally and without permission with the intent of temporarily depriving the owner or possessor of the use of the motor vehicle.

 

Exclusions:

Permanently taking a motor vehicle without consent. This is coded to Group 0811, Theft of a Motor Vehicle

0813 Theft of Motor Vehicle Pparts or Contents

The unlawful taking of parts or contents from another person's motor vehicle illegally and without permission.

 

Exclusions:

The fraudulent conversion of a motor vehicle. This is coded to Group 0931, Dishonest Conversion

[corydoras]

I can understand that and your reply prompted me to do a search on this. Maybe i should have posted "Do you think they should be charged with vehicle theft.

if somebody raped somebody elses wife he would be charged with rape, not illegal use of a wife.

or is my argument flawed here.

Personally, no I don't think 'theft' is appropriate because the word theft implies intent to keep the object that was being stolen.

 

I think your rape argument is flawed because rape is a crime against the person not against property.

Edited November 20, 2006 by corydoras

[kleinboet]

Using the same "logic" that they are not charged with theft as you have to prove you are going to keep the vehicle.

What about your Telly, jewelry, MONEY etc?

[Huge_Vitae]

Using the same "logic" that they are not charged with theft as you have to prove you are going to keep the vehicle.

What about your Telly, jewelry, MONEY etc?

Because the basic definition of "Theft" in English Law is........ "The Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it"

 

That sentence is also broken down into sub definitions which have each been discussed and argued, referred to and quoted upon by Judges and Barristers being paid by Legal Aid until the whole system is so complex that not many can understand it at all if they apply ANY common sense.

 

Although a TV, like a Car has a unique identity, it is generally accepted that a car Identity is known to the owner, (many people will be able to say their reg number, if not they can easily find it and therefore the VIN number) how many people can say the ID number of their plasma screen!

[ColinW]

Because the laws in this country are designed purely for the financial benefit of parasite lawyers who make a huge amount of money at the taxpayers expense defending the indefensible. I have never in my life met anyone who has told me that their car has been "taken and driven away". I have met plenty who have said their car has been stolen. If the general public regard the act as "theft", and the law is supposed to reflect the will of the people, then why are thieving scum getting away with a slapped wrist for what most would regard as a very serious crime?

When my own car was stolen (in my eyes if not the law's), the police were not remotely interested. Their only response was to wait until it had been abandoned and then phone me to go and fetch it. That way they avoided contact with the actual criminals and all the paperwork that entails.

If the first kid in a year group who stole (that forbidden word again) a car was thrown in jail for a few years, along with all his passengers, would his friends think it was such a good idea to copy him?

[Clifftop]

Because the laws in this country are designed purely for the financial benefit of parasite lawyers who make a huge amount of money at the taxpayers expense defending the indefensible. I have never in my life met anyone who has told me that their car has been "taken and driven away". I have met plenty who have said their car has been stolen. If the general public regard the act as "theft", and the law is supposed to reflect the will of the people, then why are thieving scum getting away with a slapped wrist for what most would regard as a very serious crime?

When my own car was stolen (in my eyes if not the law's), the police were not remotely interested. Their only response was to wait until it had been abandoned and then phone me to go and fetch it. That way they avoided contact with the actual criminals and all the paperwork that entails.

If the first kid in a year group who stole (that forbidden word again) a car was thrown in jail for a few years, along with all his passengers, would his friends think it was such a good idea to copy him?

 

I whole heartedly agree.

I heard a guy on radio once who said that ''The law is written by lawyers for lawyers'' If someone pinches your car, you are the one who is going to suffer, not just the inconvenience of doing without your car but then having to fight the ratbag insurance company who promised you the earth when you signed up but who will do everything in their power not to pay you out.

[Steve Walker]

I don't have a problem with charging joyriders with TWOC, criminal damage and driving offences and people who steal cars to order or to break for parts with theft. They are different offences, and joyriders are a different species of lowlife scum to car thieves, with more in common with vandals and arsonists than burglars and muggers. I do have a problem with the derisory punishments handed out and the lack of police resources made available to catch the little b*****ds who do it, and that bothers me more than the specific offences they are charged with.