Last Updated: 16 October 2023

[LAT 100] Use of a motor vehicle without the owner's consent100 

100
(1) Subject to subsection (2), a person who takes and drives away any motor vehicle without having either the consent of the owner or other lawful authority commits an offence and is liable on conviction to the prescribed penalty.
(2) If the court is satisfied that the accused acted in a reasonable belief that he or she had lawful authority, or in the reasonable belief that the owner would have given his or her consent if he or she had been asked, the accused shall not be liable to be convicted under subsection (1).
(3) If on the trial of a person for stealing a motor vehicle the court is of the opinion that the accused is not guilty of stealing the motor vehicle but is guilty of another offence under this Part, the court may convict the accused of that other offence.
(4) Any police officer may arrest without a warrant any person reasonably suspected by the police officer of having committed or of attempting to commit an offence under this section.