96. Taking of motor vehicle without owner’s consent

Every person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months.

If an accused satisfies the court that the accused acted in the reasonable belief that the accused had lawful authority or in the reasonable belief that the owner would, in the circumstances of the case, have given the owner’s consent if the owner had been asked therefor, the accused shall not be convicted of the offence under subsection (1).

If on the trial of any person for the theft of a motor vehicle the court is of opinion that the accused was not guilty of theft but was guilty of an offence under this section, the court may convict the accused under this section.

Any police officer may arrest without warrant any person reasonably suspected by the police officer of having committed or of attempting to commit an offence under this section.