(1) A person who takes and drives away a motor vehicle without the consent of its owner or other lawful authority or, knowing a motor vehicle to have been so taken, drives it or allows himself or herself to be carried in or on it without the consent of its owner or other lawful authority commits an offence and is liable —
(a) on summary conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both;
(b) on conviction on indictment, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.
(Substituted by Act 10 of 2006)
(2) It is a defence to a charge under subsection (1) if the accused establishes that he or she reasonably believes that —
(a) he or she had lawful authority to drive away the motor vehicle; or
(b) the owner would, in the circumstances of the case, have given his or her consent if such consent had been requested.
(3) (Deleted by Act 10 of 2006)
(4) Where a person is convicted under this section the Court may, in addition to any punishment it imposes, or without imposing any punishment, order the person convicted to pay to the owner of the motor vehicle either or both of the following —
(a) such amount as in the opinion of the Court would have been charged if the motor vehicle had been hired by the person convicted; or
(b) such amount as in the opinion of the Court represents fair compensation for any damage done to the motor vehicle.
(Amended by Act 10 of 2006)