Joy Riding (taking a conveyance without consent)
In NSW, taking a conveyance without the consent of the owner, carries a maximum penalty of five years imprisonment. This offence commonly is used when people participate in ‘joyriding’.
This offence is different to the offence of Stealing a Motor Vehicle or Vessel, which is more serious.
In NSW, a court can impose any of the following penalties for a joy riding charge.
- Prison Sentence
- Home Detention
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Community Corrections Orders (CCO)
- Good Behaviour Bond
- Section 10A
- Conditional Release Order (CRO)
- Section 10
The Offence of Taking a Conveyance Without the Consent of the Owner:
The offence of taking a conveyance without the consent of the owner is contained in section 154A of the Crimes Act 1900 which states:
Any person who:
- without having the consent of the owner or a person in lawful possession of a conveyance, takes and drives it, or takes it for the purpose of driving it, or secreting it, or obtaining a reward for its restoration or pretended restoration or for any other fraudulent purpose, or
- knowing that any conveyance has been taken without such consent, drives it or allows himself or herself to be carried in or on it
shall be deemed guilty of larceny and liable to be indicted for that offence.
What Actions Might Constitute ‘Taking a Conveyance Without the Consent of the Owner’?
- This offence is commonly seen in joyriding situations.
- a ‘conveyance’ means any cart, wagon, cab, carriage, motor car, caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor or other bicycle, tank or other military vehicle, or any ship, or vessel, used or intended for navigation.
What the Police Must Prove:
To convict you of taking a conveyance without the consent of the owner, the prosecution must prove each of the following matters beyond a reasonable doubt:
- Without the consent of the owner or person in lawful possession of the conveyance.
- You took and drove, or took for the purpose of driving, or secreting, or obtaining a reward for the restoration or pretended restoration a conveyance.
Possible Defences for Taking a Conveyance Without The Consent of the Owner:
Possible defences to a taking a conveyance without the consent of the owner charge include but are not limited to:
Which Court Will Hear Your Matter?
This matter is a “table” matter. This means that it is normally heard in the Local Court, but it will occasionally be heard in the District or Supreme Court.
Types of Penalties:
Home Detention: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.
Intensive Corrections Order (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.
Suspended Sentence: As a result of amended legislation this penalty was repealed on 24 September 2018. This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.
Community Service Order (CSO): As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.
Good Behaviour Bond: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.
Community Corrections Orders (CCO): A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.
Conditional Release Order (CRO): A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.
Section 10 avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.