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Taking Without Owner's Consent
In England, Wales and Northern Ireland, taking without owner's consent (TWOC), also referred to as unauthorised taking of a motor vehicle (UTMV), describes any unauthorised use of a car or other conveyance that does not constitute theft. A similar offence, known as taking and driving away, exists in Scotland. In police slang usage, ''twoc'' became a verb, with ''twocking'' and ''twockers'' (also spelled twoccing and twoccers) used respectively to describe car theft and those who perpetrate it: these usages subsequently filtered into general British slang. England and Wales Discussion Any unauthorised taking of a car is likely to cause distress and can cause significant inconvenience to the owner and his or her family, so this is an offence covering an everyday crime, yet one that often involves genuine emotions of personal invasion. Nevertheless, it is a summary offence defined under section 12(1) of the Theft Act 1968: Adopting the standard section 1 definition of theft would ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake Of Law
Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is differentiated from mistake of fact. There is a principle of law that " ignorance of the law is no excuse." In criminal cases, a mistake of law is not a recognized defense, though such a mistake may in very rare instances fall under the legal category of " exculpation". In criminal cases a mistake of fact is normally called simply, " mistake". General principles Usually, there is in legal cases an irrebuttable presumption that people who are about to engage in an activity will comply with applicable law. As part of the rule of law, the law is assumed to be made available to everyone. The presumption of knowledge of applicable law generally will also apply in the situation of a recent change in the law with which a party in a legal case h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motor Vehicle Theft
Motor vehicle theft or car theft (also known as a grand theft auto in the United States) is the criminal act of stealing or attempting to steal a motor vehicle. In 2020, there were 810,400 vehicles reported stolen in the United States, up from 724,872 in 2019. Property losses due to motor vehicle theft in 2020 were estimated at $7.4 billion. There were 505,100 car thefts in the European Union (EU) in 2019, a 43% decrease from 2008. Methods Some methods used by criminals to steal motor vehicles: * Theft of an unattended vehicle without a key: the removal of a parked vehicle either by breaking and entry, followed by hotwiring or other tampering methods to start the vehicle, or else towing. In London, the police say that 50% of the annual 20,000 car thefts are now from high-tech OBD (Onboard Diagnostic Port) key-cloning kits (available online) and bypass immobilizer simulators. * Taking without owner's consent (TWOC): the unauthorized use of a car short of theft. This term ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carjacking
Carjacking is a robbery in which a motor vehicle is taken over.Michael Cherbonneau, "Carjacking," in ''Encyclopedia of Social Problems'', Vol. 1 (SAGE, 2008: ed. Vincent N. Parrillo), pp. 110-11. In contrast to car theft, carjacking is usually in the presence and knowledge of the victim. A common crime in many places in the world, carjacking has been the subject of legislative responses, criminology studies, prevention efforts as well as being heavily dramatized in major film releases. Commercial vehicles such as trucks and armored cars containing valuable cargo are common targets of carjacking attempts. Carjacking usually involves physical violence to the victim, or using the victim as a hostage. In rare cases, carjacking may also involve sexual assault. Etymology The word is a portmanteau of ''automobile, car'' and ''hijacking''. The term was coined by reporter Scott Bowles and editor E. J. Mitchell with ''The Detroit News'' in 1991. ''The News'' first used the term in a report ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Road Traffic Act 1988
The Road Traffic Act 1988 (c. 52) is an Act of the Parliament of the United Kingdom, concerning licensing of vehicles, insurance and road regulation. Contents Part I contains a number of traffic offences including causing death by dangerous driving, driving under the influence of alcohol or drugs (including police powers to arrest, administer tests, etc.), as well as requirements to wear seat belts and motorcycle helmets. Part II is concerned with regulating the construction and use of motor vehicles, and includes powers to test, inspect and prohibit vehicles that do not meet standards. Part III sets out the law on driving tests, the requirements for issuing driving licences, and the process for disqualifying drivers. Part IV deals with the licences required for driving large goods vehicles and passenger-carrying vehicles (buses and coaches). Part V concerns the registration, licensing and examination of driving instructors. Part VI contains provisions concerning compulso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Either-way Offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension. Under the Criminal Records Act, Section 2.1, the Parole Board of Canada is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aggravated Vehicle-Taking Act 1992
The Aggravated Vehicle-Taking Act 1992 is an Act of the Parliament of the United Kingdom. It amends the Theft Act 1968 The Theft Act 1968 (c. 60) is an act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of d ... by creating the specific offence of aggravated vehicle-taking, which combines the taking of a vehicle without the owner's consent with driving it dangerously, causing injury, or causing damage to the vehicle or other property. It carries a mandatory disqualification from driving. The Act was brought in to tackle the problem of joyriding, which was at the time a widespread problem in the UK. It was subject to a fast-track passage through Parliament. References {{Authority control Acts of the Parliament of the United Kingdom concerning England and Wales English criminal law United Kingdom Acts of Parl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Attempts Act 1981
The Criminal Attempts Act 1981 (c. 47) is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes. It abolished the common law offence of attempt. Provisions Attempting to commit an offence Section 1(1) of the Act creates the offence of ''attempt'': Section 1 applies to any indictable offence triable in England and Wales, except conspiracy, aiding and abetting, and offences under sections 4 and 5 of the Criminal Law Act 1967 (which deal with assisting offenders and concealing information about crimes). Section 1(2) reads: Section 1(3) states that a person is to be judged according to what the defendant thought the facts of the case were at the time of the attempt, rather than what the facts really were, in the event that the defendant was mistaken about what was happening. Section 2 states that rules regarding time limits for prosecuting, powers of arrest and search, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attempt
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), Robert Weisberg, Guyora Binder, /ref> Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted. Attempt is a type of Inchoate offense, inchoate crime, a crime that is not fully developed. The crime of attempt has two elements, intent and some conduct toward completion of the crime.Defining Attempts: Mandujano's Error, Duke University, Michael R. Fishman/ref> One group of theories in criminal law is that attempt to commit an act occurs when a person comes dangerously close to carrying out a criminal act, and intends to commit the act, but does not commit it. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ignorantia Juris Non Excusat
In law, (Latin for 'ignorance of the law excuses not'),''Black's Law Dictionary'', 5th Edition, p. 672 or ('ignorance of law excuses no one'),''Black's Law Dictionary'', 5th Edition, p. 673 is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content. European-law countries with a tradition of Roman law may also use an expression from Aristotle translated into Latin: ('nobody is thought to be ignorant of the law') or ('not knowing the law is harmful'). Synopsis The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal offenses or a subject of a civil lawsuit would merely claim that one was unaware of the law in question to avoid liability, even if that person really does know what the law in question is. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently. Although it would be imposs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Act 1968
The Theft Act 1968 (c. 60) is an act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception. History The act resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft. The Larceny Act 1916 ( 6 & 7 Geo. 5. c. 50) had codified the common law, including larceny itself, but it remained a complex web of offences. The intention of the Theft Act 1968 was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations. Provisions A number of greatly simplifiedor at least less complicatedoffences were created. Section 1 – Basic definition of "theft" This section creates the offence of theft. This definition is supplemented by sections 2 to 6. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hire Purchase
A hire purchase (HP), also known as an installment plan, is an arrangement whereby a customer agrees to a contract to acquire an asset by paying an initial installment (e.g., 40% of the total) and repaying the balance of the price of the asset plus interest over a period of time. Other analogous practices are described as closed-end leasing or rent-to-own. The hire purchase agreement was developed in the United Kingdom in the 19th century to allow customers with a cash shortage to make an expensive purchase they otherwise would have to delay or forgo. For example, in cases where a buyer cannot afford to pay the asked price for an item of property as a lump sum but can afford to pay a percentage as a deposit, a hire-purchase contract allows the buyer to hire the goods for a monthly rent. When a sum equal to the original full price plus interest has been paid in equal installments, the buyer may then exercise an option to buy the goods at a predetermined price (usually a nominal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
