172A.—(1) Subject to paragraph (3), a person is guilty of aggravated taking of a motor vehicle if—
(a)he commits an offence under Article 172(1) (in this Article referred to as a basic offence) in relation to a motor vehicle; and
(b)it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in sub-paragraphs (a) to (d) of paragraph (2).
(2) The circumstances referred to in paragraph (1)(b) are—
(a)that the vehicle was driven dangerously on a road or other public place;
(b)that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;
(c)that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;
(d)that damage was caused to the vehicle.
(3) A person is not guilty of an offence under this Article if he proves that, as regards any such proven driving, injury or damage as is referred to in paragraph (1)(b), either—
(a)the driving, accident or damage referred to in paragraph (2) occurred before he committed the basic offence; or
(b)he was neither in nor on nor in the immediate vicinity of the vehicle when that driving, accident or damage occurred.
(4) If a person who is charged with an offence under this Article is found not guilty of that offence but it is proved that he committed a basic offence, he may be convicted of the basic offence.
(5) For the purposes of this Article a vehicle is driven dangerously if—
(a)it is driven in a way which falls far below what would be expected of a competent and careful driver; and
(b)it would be obvious to a competent and careful driver that driving the vehicle in that way would be dangerous.
(6) For the purposes of this Article a vehicle is recovered when it is restored to its owner or to other lawful possession or custody.]]