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Bill Potts
Director - Criminal Lawyer


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Public Order Offences - QLD
Welcome to the QLD Use Of Motor Vehicle article page. Everything you need to know about Use Of Motor Vehicle according to QLD law - Dated: 09/01/2009

What the Law States according to QLD Law for Use Of Motor Vehicle
According to QLD Law for the charge of Use Of Motor Vehicle,

Sections 25 of the Summary Offences Act Queensland states:

A person must not-

(a) unlawfully use a vehicle without the consent of the person in lawful possession of the vehicle; or

(b) have a vehicle in the person's possession without the consent of the person in lawful possession of it (the other person) with intent to temporarily or permanently  deprive the other person of the use or possession of the vehicle.

The Maximum Penalty - Use Of Motor Vehicle
According to QLD Law for the charge of Use Of Motor Vehicle, The Maximum penalty for the offence of Use of Motor Vehicle is 20 penalty points or 1 years imprisonment.

What the Police must prove according to QLD Law for Use Of Motor Vehicle

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused used the vehicle without the consent of the person in lawful possession; or

2. The accused intended to temporarily or permanently deprive the other person of the use of the vehicle.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Possible Defences under QLD Law - Use Of Motor Vehicle

Possible defences to this offence include but are not limited to

1. The accused had the permission of the person in lawful possession of the vehicle to use it.

2. The accused did not intend to temporarily or permanently deprive the other person of the use of the vehicle.

In QLD which court will hear the matter - Use Of Motor Vehicle

This matter is a simple offence which means it is dealt with in the Magistrates Court.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Use of Motor Vehicle matters)