Question

please use IRAC format to answer the following question
Pete’s Pontiac is parked in Pete’s garage. Bob, a local gang member, is going through his initiation into the gang. Bob is told that he must steal Pete’s Pontiac and drive it through a fast food restaurant where the gang will be waiting or else he will be killed. Bob sneaks into Pete’s garage at night, finds the keys that Pete left in the ignition, and drives the car through the McDuck drive through. Bob then returns the Pontiac to Pete’s garage.

What criminal charges is Bob most likely to face? Discuss any defenses.

Answer 1

IRAC:

Issue: Is Bob guilty of stealing Pete’s Pontiac or was he just borrowing Pete’s car?

Rule: As per law if a vehicle is taken by a person who does not have lawful access to that vehicle (even though the vehicle is later returned or abandoned) then it will be regarded as a case of theft/attempted theft of the concerned motor vehicle.

Analysis: In this case Bob did not had any lawful access to Pete’s Pontiac. He trespassed into Pete’s property, took the car and drove it through McDuck.

Conclusion: Bob is guilty for the crime of theft of vehicle.

The likely defense that can be presented for Bob is the defense of duress i.e. he was forced by the gang to sneak into Pete’s garage and take his car. He had no intention to steal the car, but was only looking to borrow the car for the purpose of fulfilling his task as laid out by the gang.