Tuvalu Island Courts Bench Book - Federal Court of Australia

Taking a vehicle without authority
Section s22 Traffic Act 1983 (Cap 71)
Description
Every person is guilty of an offence who takes and drives away a
vehicle without the consent of the owner or lawful authority.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The accused took the vehicle and drove it away;
• Either:
the owner did not consent; or
the accused did not reasonably believe that the owner
consented; or
the accused had no lawful authority to take and drive it;
• The accused did not intend to permanently deprive the owner
of the vehicle.
Commentary
Burden and standard of proof
The prosecution must prove all the elements beyond reasonable
doubt. If the defence establishes to your satisfaction that there is a
reasonable doubt, then the prosecution has failed.
Identification
In Court, the prosecution should identify the person charged by
clearly pointing out that person in Court.
The prosecution must provide evidence to prove that it was the
accused who took the vehicle.
Takes and drives away
It will usually be quite simple for the prosecution to prove that the
vehicle was taken and driven away.
Without the owner’s consent
The prosecution will need to prove who owns the vehicle and that
they did not consent to it being taken by the accused.
Tuvalu Island Courts Bench Book June 2004