Stealing a Motor Vehicle or Vessel (Car Theft)

In NSW, Stealing a Motor Vehicle, Vessel or Trailer carries a maximum penalty of 10 years imprisonment. This offence is different, and more serious than the offence of taking a conveyance without the consent of the owner (joyriding). 

What is Stealing a Vehicle, Vessel or Trailer?

The offence of Stealing a Stealing a Vehicle, Vessel or Trailer is contained within s154F of the Crimes Act 1900 (NSW) which states:

A person who steals a motor vehicle, vessel or trailer is guilty of an offence. 

The main difference between this offence and joyriding, is that this offence requires that the accused had the intention to permanently deprive the owner of the motor vehicle or vessel (i.e. not to return it).

A ‘vessel’ includes a water craft of any description used or capable of being used as a means of transportation on water.

The following acts constitute Stealing a Vehicle, Vessel or Trailer:

• Stealing a box trailer that was parked on the side of the road;
• Stealing a car;
• Stealing a motorbike.

What Must be Proven?

For a person to be found guilty of Stealing a Vehicle, Vessel or Trailer, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• A person took a motor vehicle, vessel or trailer and the taking was dishonest or fraudulent;
• The motor vehicle, vessel or trailer belonged to someone else;
• They did not have that person’s permission;
•  They had an intention to permanently deprive the owner of the motor vehicle, vessel or trailer.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences to Stealing a Vehicle, Vessel or Trailer

The following defences may be available for a Stealing a Vehicle, Vessel or Trailer charge:

• It wasn’t you who took the car;
• You had no intention to permanently deprive;
• The taking was not dishonest, or fraudulent. 

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Common Questions about Stealing a Vehicle, Vessel or Trailer

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for this charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for this offence might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction can completely rule out certain career paths such as teaching and a range of government employment options. 

Will I go to Gaol?

There is a very real risk of a Gaol sentence in these matters. It is important that you get legal advice and assistance. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.