11. (1) Any person who, purporting to act this Act, wrongfully and maliciously or without probable cause arrests, or seizes the property of or under the control of, any other person or effects any search, shall be guilty of an offence. (2) Nothing in this section contained shall be construed as taking away or diminishing any civil right or liability in respect of a wrongful or malicious arrest. Conspiracy and inducing another person to commit offence 12. Any person who - (a) conspires with any other person to aid or procure the commission of or to commit; or (b) incites, instigates, commands or procures any other person to commit, an offence under this Act, or an offence at common law involving the theft of a motor vehicle or motor vehicle part, shall be guilty of an offence and on conviction be liable to the penalties to which a person convicted of actually committing that offence would be liable. Competent verdicts 13. (1) Any person who is charged with the theft of a motor vehicle or motor vehicle part may be found guilty of - (a) the theft of or an attempt to commit the theft of such motor vehicle or motor vehicle part; or (b) receiving such motor vehicle or motor vehicle part knowing the same to have been stolen; or (c) inciting, instigating, commanding or procuring or conspiring with another person - (i) to steal such motor vehicle or motor vehicle part; or (ii) to receive such motor vehicle or motor vehicle part; or (d) knowingly disposing of, or knowingly assisting in the disposal of, a vehicle or motor vehicle part which has been stolen or which has been received with knowledge of it having been stolen; or (e) contravening section 2(a)(i) or (b)(i) or 3(1). [paragraph (e) amended by Act 17 of 2004] (2) Any person charged with the of a motor vehicle or motor vehicle part belonging to a particular person may be found guilty of any of the offences in subsection (1), notwithstanding the fact that the prosecution has failed to prove that such motor vehicle or motor vehicle part actually did belong to such particular person. Act applicable in all where charge is one of theft of motor vehicle or motor vehicle part
11. (1) Any person who, purporting to act this Act, wrongfully and maliciously or without probable cause arrests, or seizes the property of or under the control of, any other person or effects any search, shall be guilty of an offence. (2) Nothing in this section contained shall be construed as taking away or diminishing any civil right or liability in respect of a wrongful or malicious arrest. Conspiracy and inducing another person to commit offence 12. Any person who - (a) conspires with any other person to aid or procure the commission of or to commit; or (b) incites, instigates, commands or procures any other person to commit, an offence under this Act, or an offence at common law involving the theft of a motor vehicle or motor vehicle part, shall be guilty of an offence and on conviction be liable to the penalties to which a person convicted of actually committing that offence would be liable. Competent verdicts 13. (1) Any person who is charged with the theft of a motor vehicle or motor vehicle part may be found guilty of - (a) the theft of or an attempt to commit the theft of such motor vehicle or motor vehicle part; or (b) receiving such motor vehicle or motor vehicle part knowing the same to have been stolen; or (c) inciting, instigating, commanding or procuring or conspiring with another person - (i) to steal such motor vehicle or motor vehicle part; or (ii) to receive such motor vehicle or motor vehicle part; or (d) knowingly disposing of, or knowingly assisting in the disposal of, a vehicle or motor vehicle part which has been stolen or which has been received with knowledge of it having been stolen; or (e) contravening section 2(a)(i) or (b)(i) or 3(1). [paragraph (e) amended by Act 17 of 2004] (2) Any person charged with the of a motor vehicle or motor vehicle part belonging to a particular person may be found guilty of any of the offences in subsection (1), notwithstanding the fact that the prosecution has failed to prove that such motor vehicle or motor vehicle part actually did belong to such particular person. Act applicable in all where charge is one of theft of motor vehicle or motor vehicle part
motor-vehicle-theft-act-5255f8778f.docx