INTRODUCTION AND BRIEF DESCRIPTION
Taking a motor vehicle or vessel without the owners consent with intent to use it or knowing it was taken without consent is a punishable offence on summary conviction.
SECTION WORDING
335(1) Subject to subsection (1.1), every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 335(1) of the Criminal Code of Canada relates to the offense of taking a motor vehicle or vessel without the owner's consent. According to this section, it is an offense for any individual to take a vehicle or vessel with the intent of driving, operating, or causing it to be driven or operated without the owner's permission. The term "occupant" used in this section includes individuals who are passengers in the vehicle or vessel, but are aware that it has been taken without the owner's consent. To understand this section in the context of the Criminal Code of Canada, it is important to note that the offense is punishable on summary conviction. This means that the accused will not face a full criminal trial, but will appear before a judge to enter a plea and receive a sentence. The purpose of this provision is to discourage individuals from stealing motor vehicles and vessels. Stealing a vehicle or vessel can have dire consequences, including property damage, personal injury, or even loss of life. This section is in place to ensure that individuals who commit such an offense face legal repercussions for their actions. In conclusion, Section 335(1) of the Criminal Code of Canada serves as an important legal safeguard to protect vehicle and vessel owners from theft or unauthorized use. Anyone found guilty of this offense can expect to face summary conviction and legal penalties. It is best for all drivers to ensure they have the proper permit and permission to use any vehicle that is not their own to avoid facing these consequences.
COMMENTARY
Section 335(1) of the Criminal Code of Canada deals with the offence of taking a motor vehicle or vessel without owner's consent. The section criminalizes the act of taking a motor vehicle or vessel with the intention to operate it without the owner's consent. The section also makes it an offence to be an occupant of a motor vehicle or vessel, knowing that it was taken without the owner's consent. The intention of this section is to deter joyriding and vehicle theft. The section recognizes the ownership rights of the vehicle owner and protects their property from unauthorized use. The section imposes criminal liability on individuals who take or operate a vehicle without the owner's consent. The punishment for this offence is summary conviction, which attracts a less severe punishment than an indictable offence. Summary conviction allows for a maximum penalty of six months in jail or a fine of up to $5,000. The punishment could also include a combination of both. The scope of this section is broad enough to cover all forms of motor vehicles, including cars, trucks, and motorcycles. Additionally, this section also covers water vessels, including boats, yachts, and jet skis. The section recognizes that the unauthorized use of any form of transportation is a serious offence and criminalizes it accordingly. The offence under this section requires specific intent to operate a vehicle or vessel without the owner's consent. This means that the prosecution must prove that the accused intended to operate the vehicle or was aware that the vehicle was taken without the owner's consent. The prosecution must also establish that the accused knew or believed that the vehicle was taken without the owner's consent. This section also criminalizes the act of being an occupant of a vehicle without the owner's consent. A person may be charged with this offence if they knew or believed that the vehicle was taken without the owner's consent and still occupied the vehicle. In conclusion, Section 335(1) of the Criminal Code of Canada is an important provision that criminalizes the unauthorized use of motor vehicles and vessels. The offence recognizes the ownership rights of the vehicle owner and imposes criminal liability on individuals who take or operate a vehicle without the owner's consent. This section is an important tool in preventing vehicle theft and protecting the property of vehicle owners.
STRATEGY
Section 335(1) of the Criminal Code of Canada pertains to the unlawful taking of a motor vehicle or vessel without the owner's consent. This activity is often referred to as joyriding" and is a crime in Canada. The act of joyriding carries serious consequences, including fines, imprisonment, and a criminal record. Therefore, it is essential to take strategic considerations when dealing with this section of the Criminal Code of Canada. One of the main strategic considerations is the need for a criminal defence lawyer. If someone is facing charges under Section 335(1) of the Criminal Code of Canada, they must seek legal counsel. A lawyer can help navigate the legal system and build a strong defence. They can guide the accused person through the intricacies of the criminal justice system and ensure that their rights are protected throughout the process. Another strategic consideration is the need to understand the charges fully. Prosecutors can prosecute joyriding either as a summary offence or as an indictable offence, which carries different legal implications. A summary offence has a maximum penalty of six months imprisonment, a $5,000 fine or both, while an indictable offence carries serious legal consequences such as a prison sentence of up to ten years. It is important to understand the charges to determine the proper defence strategy. A strategy that could be employed by a criminal defence lawyer is challenging the intent. For a conviction under Section 335(1), a prosecutor must prove that the accused had the intention to drive, use, navigate or operate the vehicle without the owner's consent. The defence lawyer could argue that the accused did not have the intention to take the vehicle unlawfully or that he/she thought they had permission. For instance, the accused could argue that he/she borrowed the vehicle from a friend who later denies providing the permission. Another defence strategy is challenging the knowledge element. Under Section 335(1), anyone who is aware that a car was taken without the owner's permission and is an occupant of the vehicle can also be charged. Therefore, the accused's lawyer could challenge the knowledge element of the case, arguing that the accused was unaware the vehicle was taken without permission and was just an innocent passenger. In conclusion, joyriding is a serious criminal offence in Canada that carries severe legal consequences. When dealing with Section 335(1) of the Criminal Code of Canada, it is essential to take several strategic considerations, such as seeking legal counsel, understanding the charges, and employing the proper defence strategy. These considerations can assist in building a strong defence that could result in a favourable outcome for the accused in a court of law.