Take & Drive Conveyance

Published by Geoff Harrison | 14 August 2025

Taking and driving a conveyance or being in a conveyance without the consent of the owner is an offence under s154A of the Crimes Act 1900. A person who commits an offence under s154A is deemed to be guilty of larceny. The person is subject to the same penalty as larceny, namely, up to five years imprisonment. The offence is different from larceny and/or s154F of the Crimes Act 1900 of stealing a motor vehicle, vessel or trailer, as an offence of larceny requires an intention to permanently deprive the owner of the property. It is not an element of the offence under s154A that the owner be permanently deprived ot the property or that the accused intended to permanently deprive the owner of their property. The section is aimed at 'joy riders'.

Other Sources:

• Criminal Trial Courts Bench Book: Suggested Direction - Taking and Driving

• Law Part Code for Taking a Conveyance Without Consent of Owner

Cases:

• Director of Public Prosecutions (NSW) v Chaheh [2017] NSWSC 1061

  
  

Extracted Legislation:

CRIMES ACT 1900 - SECT 154A

Taking a conveyance without consent of owner

(1) Any person who--

(a) without having the consent of the owner or person in lawful possession of a conveyance, takes and drives it, or takes it for the purpose of driving it, or secreting it, or obtaining a reward for its restoration or pretended restoration, or for any other fraudulent purpose, or

(b) knowing that any conveyance has been taken without such consent, drives it or allows himself or herself to be carried in or on it, shall be deemed to be guilty of larceny and liable to be indicted for that offence.

(2) For the purposes of this section

"conveyance" means any cart, wagon, cab, carriage, motor car, caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor or other bicycle, tank or other military vehicle, or any ship, or vessel, used or intended for navigation, and "drive" shall be construed accordingly.

CRIMES ACT 1900 - SECT 116

All larcenies to be of same nature

Every larceny, whatever the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects, as grand larceny was before the passing of the Act seventh and eighth George the Fourth, chapter twenty-nine.

CRIMES ACT 1900 - SECT 117

Punishment for larceny

Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.

CRIMES ACT 1900 - SECT 154E

Definition

(1) In this Division--

"interfere" with a thing includes alter, deface, remove, obliterate, conceal or add anything to the thing.

"motor vehicle" means--

(a) a motor vehicle within the meaning of the Road Transport Act 2013 (whether or not the vehicle contains the motor intended to form part of it), or

(b) a motor intended to form part of, or capable of forming part of, any such motor vehicle, or

(c) any part of any such motor vehicle containing, or consisting of, an identification plate for a vehicle under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal.

"trailer" has the same meaning as in the Road Transport Act 2013 .

"unique identifier" means any numbers, letters, symbols or other identification information--

(a) marked on or attached to a motor vehicle or vessel, or a part of a motor vehicle or vessel, or

(b) marked on a thing that is designed to be attached to a motor vehicle or vessel, or a part of the motor vehicle or vessel, or

(c) stored in electronic form in a part of a motor vehicle or vessel,

for the primary purpose of--

(d) enabling a particular motor vehicle, vessel or part to be distinguished from all other motor vehicles, vessels or parts (including by enabling a part to be identified as a part of a particular motor vehicle or vessel), or

(e) identifying different motor vehicle or vessel production batches (including by enabling a part to be identified as a part of a motor vehicle or vessel of a particular production batch).

"vessel" means a vessel within the meaning of the Marine Safety Act 1998.

(2) For the purposes of this Division, a

"part" of a motor vehicle or vessel includes a thing (such as a key) manufactured in connection with the motor vehicle or vessel that enables the operation of the motor vehicle or vessel or prevents the unauthorised operation of the motor vehicle or vessel.

CRIMES ACT 1900 - SECT 154F

Stealing motor vehicle, vessel or trailer

A person who steals a motor vehicle, vessel or trailer is guilty of an offence.

Maximum penalty--imprisonment for 10 years.