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Twoc need some advice!


Becky29
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Hi all!
 

So I had my exam the other day on TWOC and I needed some clarity on a question that I had got wrong. 
 

A women finds a vehicle on her drive way and needs to move it to allow her car to get out. She notices the window is open so uses the steering wheel to move it down the road. She doesn’t sit inside the car, just uses her arms through the window. 
 

Would this count as TWOC? Or something else 

 

Many thanks 

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7 hours ago, Becky29 said:

Hi all!
 

So I had my exam the other day on TWOC and I needed some clarity on a question that I had got wrong. 
 

A women finds a vehicle on her drive way and needs to move it to allow her car to get out. She notices the window is open so uses the steering wheel to move it down the road. She doesn’t sit inside the car, just uses her arms through the window. 
 

Would this count as TWOC? Or something else 

 

Many thanks 

What did you answer, and what was your thought process for doing so? 

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From WAAAAAAAAAAAAAAAY back in the day, I seem to remember that in order for someone to be guilty of TWOC (or indeed s.178 RTA for when in Scotland), the vehicle must have been taken with the intent to be used as a conveyance ie drive it somewhere with the specific intent of getting to that destination. Merely moving out of the way of something doesn't count.
 

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My take on it would be that they have taken the conveyance intentionally (moving it) without the owner’s consent or other lawful authority BUT they have not taken it for the purpose of using it as a conveyance (to be carried or conveyed in/on it) and so I don’t think the offence is made out. It did not convey them because they were not in it or on it and they did not take it for someone else to do so. R v Stokes (1983).

If they had got in to the conveyance and moved it by any means then the offence would have been made out because it would have been taken (moved) and they would have been carried/conveyed in it and therefore it would have been used as a conveyance. R v Bow (1977).

There are also the defences of them believing they had the lawful authority to move the conveyance or they would have had the owner’s consent if the owner had known of the taking and the circumstances. 

That was a good question and made me read!

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Similar to @Jack McCoyabove. It’s an obstruction they can rightly remove. That they created an obstruction elsewhere is not part of the question/ answer.   Even if they drive it, it’s not being used to take them from A-B, it’s only to move the obstruction.  
fir my two own Beth, not the TWOC that the OP was asking

 

@Becky29 * , are you going to share your initial answer snd any revision you might have had since.    Ps- no such thing as a stupid question and not all answers are correct - probably mine included🙈
 

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The way the question is written, specifically mentioning that the person moving the vehicle leans through the window and does not sit inside the vehicle is relevant here, because "conveyance" is defined as a vehicle constructed or adapted for the carriage of a person. Because she hasn't been carried upon it or taken it in order to use as a conveyance the offence can't be complete.

There's also the defence of belief in lawful authority or consent, which doesn't arise because we've ruled it out already.

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