Offence to Procure Use of Motor Vehicle by Fraud

The offence of procuring the use of a motor vehicle by fraud is the sort of charge that would be heard in the Magistrates Court.

This charge is generally laid in situations where a person procures the use or hire of a motor vehicle by fraud or misrepresentation or where a person aids or abets a person in procuring the use or hire of motor vehicle by fraud or misrepresentation.

In essence to prove this charge the Police must show that the accused procured the use, or hire of a motor vehicle drove which was obtained by fraud or misrepresentation. In the alternative the Police must show that the accused aided or abetted in circumstances where the use or hire was by fraud or misrepresentation.

A defence to this charge could be a factual dispute or that the event/function had approved authorisation by the Minister by Government Gazette.

If proven guilty, an accused may be sentenced to a fine of 10 penalty units or 2 months imprisonment.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 69 of the Road Safety Act 1986.

Possible Defences

  • Statutory Defence
  • Factual Dispute and Concept of Beyond Reasonable Doubt
  • Charges are Statute Barred
  • Sudden or Extraordinary Emergency

Penalties

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

Get Traffic Law Advice

First Name*:

Surname*:

Phone Number*:

Email*:

Brief description of your legal issue:

Select any that apply to you:

Check if you're not a robot: