ABSTRACT

The conveyance will usually be mechanical, such as cars, motorcycles, buses, boats, trains, even hang-gliders, but this is not essential. It is enough that the conveyance satisfies the requirement that it is capable of being ‘driven’. So, for example, a home made ‘soap box’ or go-kart, or a rowing boat will presumably fall within the definition, but not skis or roller skates. This may reflect the portable nature of these items which are thus less likely to find their way back to the owner and, therefore, an intention permanently to deprive may be more easily proven with the consequent charge of theft. But, note that, in Bow, it was held that for an offence under s 12(1) to be made out, it is not necessary for the conveyance to be propelled by an engine as long as somebody is ‘driving’ or ‘being carried ‘ in or on it.11