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PART XI.
Miscellaneous.
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Taking vehicle without authority.
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165.—(1) Every person who drives or uses or takes possession of a mechanically propelled vehicle without the consent of the owner of such vehicle or other lawful authority shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
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(2) Where a person is charged with having committed an offence under this section it shall be a good defence to such charge for such person to show that when he did the act alleged to constitute such offence he believed and had reasonable grounds for believing that he had lawful authority for doing such act.
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(3) Any member of the Gárda Síochána may arrest without warrant any person whom he reasonably suspects to be engaged in committing an offence under this section.
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(4) An indictment containing a count for larceny of a mechanically propelled vehicle may include a count of having committed an offence under this section in relation to such vehicle, and in such case the person so indicted may be found guilty on the count of having committed an offence under this section and, when so found guilty, may be sentenced to suffer any punishment which could be inflicted under this section on a person summarily convicted of such offence.
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(5) Where on the trial of a person indicted for the larceny of a mechanically propelled vehicle, the jury is of opinion that such person was not guilty of the larceny of such vehicle but was guilty of an offence under this section in relation to such vehicle, such jury may find such person to be guilty of such offence and thereupon such person may be sentenced to suffer any punishment which could be inflicted under this section on a person summarily convicted of such offence.
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