Criminal Code/Joy Riding
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Criminal Code - Joy Riding
Joy Riding
My friend says her child has been charged with "joyriding". What is joyriding?
"Joyriding" is a slang or street term given to an offence in the Canadian Criminal Code. It means taking a car or boat and operating it without the owner's consent.
Is joyriding an offence usually committed by kids?
This particular offence is often committed by adolescents. Frequently, the offender is the son or daughter of the vehicle's owner who takes the family car without parental consent (but without intention of stealing it) and later returns or abandons the vehicle.
Is the offence called "joyriding" in the Criminal Code?
No. The offence is contained in section 335 of the Criminal Code. It says
"Everyone who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated is guilty of an offence punishable on summary conviction."
What is summary conviction?
When an offence is punishable by summary conviction, it means that the process for dealing with the charge is normally faster with less serious consequences than if the offence was punishable on indictment.
Are only kids charged with joyriding?
No. Although this offence often seems to be committed by young people, the Criminal Code applies to everyone, including adults.
Will kids and adults be treated the same if they are convicted?
No. Young people between the ages of 12 and 18 will appear in Youth Justice Court to have a charge of joyriding addressed. If convicted, the young person's sentence will be decided by the penalties set out in the Youth Criminal Justice Act
Isn't joyriding really the same thing as stealing a car?
No, it is a separate offence. The difference lies in the definition of theft. In the Criminal Code, the offence of theft is defined as the accused person taking property with an intention to convert the property to his or her own use, either permanently or temporarily.
With joyriding, the accused had the intention of using or driving the vehicle, but not keeping it. The difference is similar to the difference between taking and borrowing.
So the difference is your intent when you take the vehicle?
Yes. There was a case in Ontario where a man took a policeman's motorcycle while the policeman was making out a parking ticket for him. He meant to take the motorcycle as a joke but the policeman was not amused and charged him with theft. He was convicted, but then the Court of Appeal said that he should have been charged with the joyriding offence since he did not intend to convert the property for his own use. Joyriding means taking a vehicle and operating it without the owner's consent.
Does this section apply to boats too?
Yes. Joyriding can mean taking a boat and operating it without the owner's consent. In fact, the section even covers hovercrafts!
What if one kid takes a car and another kid in the car doesn't know that the driver doesn't have the owner's permission? What will happen to the passenger?
This situation happened in an Ontario case. The passenger said he didn't know the vehicle he was riding in was taken without consent. The court found the passenger not guilty because he didn't know the driver didn't have the permission of the owner.
However, if you are an occupant of the vehicle and you know that it was taken without the owner's consent, that would be a criminal offence.
This page was last updated in June, 2006.
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