Aggravated vehicle taking (damage caused to property other than the vehicle in an accident or to the vehicle)

Date Updated: January 2012
Title: Aggravated vehicle taking (damage)
Offence: Aggravated vehicle taking (damage caused to property other than the vehicle in an accident or to the vehicle)
Legislation: Section 12A(2)(c) or 12 A(2)(d) Theft Act 1968
Mode of Trial: Either way - if value of damage caused is greater than £5,000. Summary only - if value of damage caused is less than £5,000.
Statutory Limitations & Maximum Penalty: On indictment - 2 years imprisonment. Summary - 6 months imprisonment

Aggravating and Mitigating Factors

The following are listed in the Magistrates' Court Sentencing Guidelines, published in August 2008, which are relevant to cases sentenced in the magistrates' court. In the higher courts, and in the absence of an offence specific guideline, the court is likely to have regard to these factors when assessing seriousness.

Factors indicating higher culpability

Vehicle deliberately damaged or destroyed
Offender under the influence of drink/drugs

Factors indicating greater degree of harm

Passengers carried
Vehicle belonging to elderly or disabled person
Emergency services vehicle
Medium to large goods vehicle
Damage caused in moving traffic accident

Factors indicating lower culpability

Misunderstanding with owner
Damage resulting from actions of another (where this does not provide a defence)

In addition to the above factors, in the earlier case of R v Bird (1993) 14 Cr App R (S) 343, the Court of Appeal said that when sentencing for this offence, relevant aggravating factors would be related to the overall culpability of the driver: how bad the driving was and for how long it had lasted, and to a lesser extent, how much injury or damage had been caused. Drink would affect the assessment of culpability, but where drink was a major factor in the case it would be the subject of a separate charge.

Relevant Sentencing Guidelines (If Any)

For cases tried summarily, or where conviction is for basic offence, see the Magistrates' Court Sentencing Guidelines.

Relevant Sentencing Case Law

None, but see R v Bird (1993) 14 Cr App R (S) 343

Ancillary Orders

Obligatory disqualification from driving and licence endorsement (3-11 points): Road Traffic Offenders Act 1988 - sections 28, 34, 44 and 97, and Schedule 2, Part II
Must disqualify for at least 2 years if offender has had two or more disqualifications for preriods of 56 days or more in the preceding 3 years -section 34(4) RTOA 1988
Compensation - see Legal Guidance - Sentencing: Ancillary Orders

Consider Also

NB: an offence which involves an accident which caused the death of another is a specified violent offence with in the meaning of Schedule 15 of the Criminal Justice Act 2003 and a serious offence for the purposes of sections 224-229 of the CJA 2003
The court may convict of the basic offence of TWOC (section 12A(5) Theft Act 1968) in which case, the court has the same powers and duties as the magistrates court.

How to use this Legal Guidance