Charged with Motor vehicle theft for disposing of it

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Steven Vatev

Member
10 September 2019
1
0
1
I have been charged with theft of motor vehicle as I disposed of it for 200 and used that to remove other rubbish left on my property by a person not authorised to be on the property. I have them warnings for being on the property and 3 months to remove everything dumped there. They did not. I had no choice as the property was sold and had to be cleared. The person was trespassing in my view. The vehicle was unliscenced and not in drivable condition. I also am out of pocket for clearing the dumped stuff. I don't understand the charge. Please help me with some guidance.
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
Theft of motor car relies on you assuming the rights of the owner. I would need to see the brief of evidence to properly advise you.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
@Steven Vatev - What state is the property in? (Laws for issues like this would likely vary from state to state.)

@Tony Danos - Thinking outside the box here. Given that the dumpers had no authority to be on the property let alone be dumping rubbish there, I'm thinking this would constitute illegal dumping under Environmental Law. If so, wouldn't that go a long way towards negating the theft charge and also entitle the OP to pursue compensation for the cost of removing the rubbish and the vehicle? What do you think?