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Motor Vehicle Theft Charges: Legal Consequences for Stealing Cars and Vessels in WA

The theft of a car, boat or similar motorised vehicle is a serious offence under Western Australian law – it carries significant legal consequences that can affect a convicted person’s future prospects. If you are facing such a charge, it is important that you contact a lawyer as soon as possible.

At Chambers Legal, our team have vast experience defending theft charges. They understand how the court interprets the severity and intent of an offence and will guide you through the available defences and likely outcomes.

This article explains how motor vehicle theft is defined in WA, the penalties it carries and how Chambers Legal can defend an allegation. For more information or to discuss your circumstances, speak with one of our lawyers.

Is Stealing a Vehicle a Specific Offence in WA?

In short, yes. Under section 371A of the Criminal Code Act Compilation Act 1913 (WA), stealing a motor vehicle or vessel is a separate offence. The reason for the more specific legislation is that a greater harm and risk is posed by vehicle theft than in more general offences. That includes dangers to public safety and the potential use of the vehicle for further criminal activity.

What if the Vehicle Was Returned or Not Damaged?

Returning the vehicle or causing no damage during the theft does not excuse or negate the offence. The vehicle being taken without lawful authority and with the intent to permanently deprive the owner (or temporarily use it) is what constitutes stealing.

However, if the accused is convicted, returning the vehicle may be taken into account during sentencing.

What Counts as a Motor Vehicle or Vessel?

WA law defines a ‘motor vehicle’ as any vehicle propelled by a motor, regardless of whether it is operational at the time of the act. This includes:

  • Cars and utes

  • Motorcycles and scooters

  • Trucks and commercial vehicles

  • Go-karts and quad bikes (if motorised)

A ‘vessel’, on the other hand, can be any watercraft propelled by mechanical power, such as:

  • Boats

  • Jet skis

  • Yachts (motorised)

If they meet these criteria, unregistered, non-roadworthy or non-operational vehicles are also subject to section 371A.

What are the Penalties for Stealing a Vehicle or Vessel?

In Western Australia, the maximum penalty for theft of a car or vehicle is 10 years’ imprisonment. This is significantly higher than a general stealing offence, which typically carries a maximum of 7 years’ imprisonment.

Aggravating circumstances can also increase the severity of the sentence imposed. Aggravating factors for motor vehicle theft include fleeing from the police, endangering others and the accused having a history of similar offences.

If you feel such a circumstance could apply to your charge, it is important you contact a theft lawyer as soon as possible.

The Defences Available for Vehicle Theft Charges

Depending on the facts and severity surrounding the alleged act, there are several defences available to defend a vehicle theft allegation:

  • Claim of right: The accused believed they had a legal right to possess the vehicle

  • Lack of intent: The accused did not intend to permanently deprive the owner of the vehicle

  • Consent: The owner gave the accused permission to take the vehicle, or the latter believed that they did

  • There is insufficient evidence connecting the accused to the theft or an instance of mistaken identity

The viability and relevance of these defences is entirely dependent on the circumstances of each case. If you are facing an accusation, it is important to seek early legal advice and clarify your options.

How a Chambers Legal Defence Lawyer Can Help

If you are facing a charge for stealing a motor vehicle or vessel, it is critical that you contact a legal representation as soon as possible. Chambers Legal staffs a team of experienced lawyers who can help by:

  • Reviewing the evidence and identifying weaknesses in the prosecution’s case

  • Determining what defences apply

  • Advocating for more lenient charges or sentences, such as avoiding imprisonment

  • Assisting with bail and sentencing submissions

Importantly, our lawyers understand the incredible stress and hardship that comes with facing any criminal charge. To best support you throughout the legal process, we stick firmly by values of integrity and transparency. All of your legal advice will be provided in writing and you will always be given proper cost notice.

Contact a Lawyer for Theft Cases and Get Legal Advice Early

Motor vehicle and vessel theft charges can have lasting impacts on the accused’s future, including a criminal record and a loss of future employment opportunities. If you have been charged with such an offence or feel you could be under investigation, its crucial that you seek legal representation as soon as possible.

At Chambers Legal, our team will guide you through the options and ensure your rights are protected as they work toward achieving the best possible outcome in court.

If you would like to discuss your circumstances with a lawyer at Chambers Legal, book a free, 15 minute phone consultation today.

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