What is the charge ‘Unlawful Use of motor Vehicle’?
Unlawful use of a motor vehicle (UUMV) is the crime of using a motor vehicle, vessel or aircraft without the consent of the lawful owner. It carries a maximum penalty of 7 years imprisonment. Importantly, any person in the vehicle as a passenger will also be charged with this offence if the prosecution can prove they knew, or reasonably ought to have known, that the vehicle was being used without the consent of the lawful owner.
What is ‘Motor Vehicle’?
A ‘motor vehicle’ is described in section 1 of the Criminal Code 1899 as:
- Any machine or apparatus designed for propulsion, wholly or partly by gas, motor spirit, oil, electricity, steam or other mechanical power
- A motor cycle, caravan, caravan trailer or other trailers designed to be attached to a motor vehicle
What is a ‘Vessel’?
A vessel is described in section 1 of the Criminal Code 1899 as:
- A ship or boat and every other kind of vessel used in navigation
What is an ‘Aircraft’?
A vessel is described in section 1 of the Criminal Code 1899 as:
- Any machine or apparatus designed to support itself in the atmosphere.
What are Prosecution required to prove?
For an accused to be found guilty of this charge under section 408A(1)(a) of the Criminal Code Act 1899(Qld), prosecution must prove beyond a reasonable doubt, that the accused:
- Unlawfully ‘used’ the vehicle
- The lawful owner did not consent to the accused using the vehicle
- The accused knew the lawful owner did not consent, but used the vehicle regardless
For an accused to be found guilty of this charge under section 408A(1)(b), prosecution must prove beyond a reasonable doubt, that the accused:
- Had the vehicle in their possession
- Did not have consent from the lawful owner of the vehicle
- Knew the lawful owner did not given consent
- Had the vehicle in their possession with the intent to deprive the lawful owner of possession of the vehicle either temporarily or permanently.
For this charge to be successfully proven in court, each element of the offence must be proven.
Unlawfully ‘using‘ a Vehicle
In the section, used implies that the accused must have travelled in the vehicle; either as the driver or passenger.
Penalties
If you are found guilty of Unlawful Use of Motor Vehicle, you can be liable to up to 7 years imprisonment. However, if you have used or intended to use the motor vehicle/aircraft/vessel for the purpose of committing an indictable offence, the maximum penalty raises to 10 years. An accused can be liable for up to 12 years if they;
- Wilfully destroy, damage, remove or interfere with the mechanism (or part thereof) or other part or equipment attached to the motor vehicle/aircraft/vessel; or
- Intended to destroy, damage, remove or interfere with the mechanism (or part thereof) or other part or equipment attached to the motor vehicle/aircraft/vessel
Where will the matter be heard?
Usually, the offence of Unlawful Use of Motor Vehicle will be heard in the Magistrates Court. However, if the Magistrate decides that a sentence exceeding three years imprisonment would be appropriate they must commit the matter to the District Court to be determined.
This post contains general advice only and is not intended as legal advice.
