Charged with illegal use of a motor vehicle?

Deciding whether or not to plead guilty to an offence of illegal use of a motor vehicle has important implications and should be made after proper discussions with a criminal lawyer.
If you do decide to plead guilty we can assist you to get the best result possible.

Our team of specialist criminal lawyers have extensive criminal law experience and know the best way to present your case before each of the Magistrates in the State. The results they obtain speak for themselves.

No Conviction

In the event that you are found guilty of an offence, section 16 of the Criminal Law (Sentencing) Act 1988 provides for the imposition of a penalty without a conviction being recorded.

In order to achieve this result, we will need to convince the court that you are unlikely to reoffend and that there exists some other good reason (e.g. young age, good working background) for not recording the conviction.

Suspended Sentence

If you find yourself in the unfavourable position of not only having been found guilty of an offence but also having been sentenced to a term of imprisonment, we may be able to obtain a suspended sentence on your behalf under section 38 of the Criminal Law (Sentencing) Act 1988. If you receive a suspended sentence, you will be required to enter into a good behaviour bond and to comply with any other conditions the court sees fit to impose.

You weren’t driving

In some cases the wrong person is charged with an offence. There are a variety of ways in which this can occur. It may be that there was an administrative error on the prosecution’s behalf or perhaps the offender was carrying your identification which they presented to police. It is a complete defence to this charge if it can be shown that you were not driving the vehicle.

You had the consent of the owner

If you had the consent of the owner of the vehicle or you genuinely and reasonably believed that you had the owner’s consent, you may have a defence to this charge.

You did not interfere with the vehicle

There may be some dispute as to the facts surrounding this charge insofar as you did not drive, use or interfere with the vehicle. Presenting evidence to support this claim may offer a defence to this charge.

Duress

It is a complete defence to this charge of illegal use of a motor vehicle if we can show that you were acting under duress. That is, you were acting as a result of violence or some other threat against you. The Court will need to be presented with evidence that indicates that you were coerced into the act by a third party, effectively rendering you an instrument of someone else’s criminal conduct.

Necessity/Emergency

The common law defence of necessity operates where the circumstances at hand (natural or human threats) require you to break the law in order to avoid even more dire consequences.

Therefore, there is some overlap with the defence of duress. It will need to be shown that you believed on reasonable grounds that you were placed in a situation of imminent peril. You may have a medical justification or it may be the case that you were acting in the course of protecting yourself or someone else.

Essentially, the Court will need to weigh up the act you have committed against the harm you would have experienced had you not acted in that manner. Further, the Court will need to be convinced that the act was proportionate to the potential harm.

Mental Impairment

The law recognises that in some cases people will not be capable of evaluating the nature and quality of their conduct or more categorically, they will not know what they are doing is wrong. If it can be shown that you were suffering from some sort of mental disease, disorder or disturbance, as distinguished from a mere lack of self-control or impulsiveness, then you may have a defence to this charge.

Mental impairments may be either permanent or non-permanent and may include disorders such as:

• Schizophrenia
• Hyperglycaemia
• Psychomotor epilepsy
• Cerebral arteriosclerosis

Yes. Under South Australian law, passive use (such as knowingly being a passenger) can still constitute “use” under section 86A, especially if you were aware the vehicle was being driven without consent.

“Interfere” includes tampering with or attempting to gain access to a vehicle without the owner’s consent. You do not need to actually drive the vehicle to be charged under this offence.

Yes. The court must disqualify you from holding or obtaining a driver’s licence for 12 months, regardless of whether you are convicted or just found guilty. This disqualification cannot be reduced or substituted.

Possibly. Under section 16 of the Criminal Law (Sentencing) Act 1988, the court may impose a penalty without recording a conviction, especially if:

• You are unlikely to reoffend
• You are young or have a good character/employment background

If you honestly and reasonably believed that you had the owner’s consent, this may be a complete defence. Your lawyer will need to present supporting evidence for this belief.

In some other jurisdictions, like NSW and Victoria, illegal use of a motor vehicle may fall under broader “theft” or “unlawful use” provisions. South Australia specifically criminalises use or interference without consent, and includes passengers under its definition, making it one of the stricter jurisdictions.

Yes. Even if the offender is under 18, the Youth Court must impose a 12-month licence disqualification, which will start once they reach the legal driving age. This penalty is mandatory and cannot be avoided.

This offence under Section 86A of the Criminal Law Consolidation Act 1935 (SA) carries serious penalties, including up to 2 years’ prison for a first offence and mandatory 12-month licence disqualification.

Our Adelaide criminal defence lawyers will examine whether the prosecution can actually prove you used the vehicle without consent, challenge issues like mistaken identity or lack of intent, and argue for reduced penalties if you plead guilty. We can also help you apply for leniency in sentencing or negotiate for compensation orders to be structured in a way that minimises financial hardship for your circumstances.