Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse

by Doogue O'Brien George Criminal Defence Lawyers


The Maximum Penalty for “Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse” in Melbourne – How Serious is This Charge?

There is a maximum penalty of 14 days imprisonment or a fine of between 2 and 25 penalty units for a person found guilty of “Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse”. The degree of penalty depends on what section of the legislation applies to the particular offending. The Court may also suspend an offender’s licence, or disqualify an offender from obtaining one, for a period not exceeding 4 years. “Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse” is a low range criminal offence. Any related summons or indictment is under the jurisdiction of the Magistrates’ Court.

 

The legislation on “Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse”

Section 70 of the Road Safety Act 1986 is the relevant legislative provision for “Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse” and is as follows:

                               

Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse

 

(1) A person who, without just cause or excuse, tampers or interferes with a motor vehicle owned by any other person is guilty of an offence.

 

Penalty: 2 penalty units or imprisonment for 14 days.

 

(1A) A person must not, without just cause or excuse, tamper or interfere with specified equipment fitted or attached to a motor vehicle.

 

Penalty: 25 penalty units.

 

(1B) In subsection (1A), specified equipment means equipment of a type specified for the purposes of this section by the Minister in a notice published in the Government Gazette.

 

(1C) On convicting a person, or finding a person guilty, of an offence against subsection (1A) the court may, if the person holds a driver licence or permit, cancel that licence or permit and, whether or not the person holds a driver licence or permit, disqualify the person from obtaining one for a period the court thinks fit, not exceeding 4 years.

 

(2) The accused has the burden of proving just cause or excuse.

 

Pleading guilty or not guilty to “Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse” in a Melbourne Court

Deciding whether to plead guilty or not guilty to “Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse” has important implications for you and should be made after consulting a criminal defence solicitor. If you are proven guilty, the consequences are likely to be unfavourable.

 

Elements of the charge of “Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse” in a Melbourne Court

The prosecution must show that the defendant interfered or tampered with a motor vehicle, or with equipment attached or fitted to a motor vehicle, that is owned by another person.

 

Defending the charge of “Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse” in a Melbourne Court

Defences that are often run in relation to this charge are factual dispute, identification errors, and lawful or just excuse for the tampering or interfering. Lawyers may further use other defences depending on the circumstances of a case.

 

For more information on “Tampering or Interfering With Motor Vehicle Without Just Cause or Excuse”, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here). Further information can also be found at the Traffic Lawyers Melbourne site (here).

 

Doogue O’Brien George Melbourne can provide you more detail about this

Our Head Office is at 5/221 Queen Street, Melbourne          

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)

 

This article was written on Sep. 18 2013 and relates to the law as it stands at this time.

 



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