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Written by
Shaun Pascoe
Criminal Defence Lawyer


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Driving - Other Traffic Offences - VIC
Welcome to the VIC Offence to procure use of motor vehicle by fraud article page. Everything you need to know about Offence to procure use of motor vehicle by fraud according to VIC law - Dated: 09/01/2009

What the Law States according to VIC Law for Offence to procure use of motor vehicle by fraud
According to VIC Law for the charge of Offence to procure use of motor vehicle by fraud, A person is guilty of an offence if that person-

   (a)  procures the use or hire of a motor vehicle by fraud or
        misrepresentation; or

   (b)  aids or abets a person in procuring the use or hire of a motor vehicle
        by fraud or misrepresentation.

Penalty: 10 penalty units or imprisonment for 2 months.

The Maximum Penalty - Offence to procure use of motor vehicle by fraud
According to VIC Law for the charge of Offence to procure use of motor vehicle by fraud,

1. A person who procures or hires a motor vehicle by misrepresentation or fraud. Penatly: 10 penalty units or imprisonment for 2 months.

2. A person who aids or abets another person in the procuring or use or hire of a motor vehicle: 10 penalty units or imprisonment for 2 months.

What the Police must prove according to VIC Law for Offence to procure use of motor vehicle by fraud

1. A person procured the use, or hired a motor vehicle;

2. that use or hire was obtained by fraud or misrepresentation

or;

3. that a person aided or abetted another in the procuring the use or hire of a motor vehicle

4. that the person did aid and abett in circumstances where the use or hire was by fraud or misrepresenation

 

Possible Defences under VIC Law - Offence to procure use of motor vehicle by fraud

1. Factual dispute

2. No dishonest intent (mens rea)

In VIC which court will hear the matter - Offence to procure use of motor vehicle by fraud
These offences can be heard and determined in the Magistrates Court.

Obtain hire vehicle by fraud

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