Have you been Charged with Aggravated Carjacking?
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What does it mean to be charged with Aggravated Carjacking?
Being charged with aggravated carjacking means that an individual is accused of committing the act of carjacking under specific circumstances that elevate the seriousness of the offense. According to section 79A of the Crimes Act 1958 (“CA”), aggravated carjacking occurs when a person engages in carjacking while possessing a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive. Additionally, if the accused causes injury to another person during the carjacking, this also constitutes aggravated carjacking.
What must the prosecution prove?
In a case of aggravated carjacking, the prosecution must prove the following elements beyond a reasonable doubt:
- You must have committed a carjacking, which involves:
- Theft of a Vehicle: you took a vehicle belonging to another person.
- Use of Force or Fear: You used force against another person or instilled fear in them to facilitate the theft of the vehicle.
- Possession of a Weapon or Causing Injury: The prosecution must establish that:
- At the time of the carjacking, you had with you a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive; or
- During the carjacking, you caused injury to another person.
- Intent and Dishonesty: The prosecution must demonstrate that you acted with intent to permanently deprive the owner of the vehicle, and that you acted dishonestly, meaning you did not believe you had the legal right to take the vehicle.
What is the difference between ‘Carjacking’ and ‘Aggravated Carjacking’?
Carjacking (under s79 CA)
- Definition: A person commits carjacking if they steal a vehicle using force or by putting another person in fear of force.
- Elements:
- You took a vehicle belonging to another person.
- The act involves the use of force or the threat of force against another person.
- You intended to permanently deprive the owner of the vehicle.
- You acted dishonestly, believing you have no legal right to take the vehicle.
- Penalties: A person convicted of carjacking may face up to 15 years of imprisonment.
Aggravated Carjacking (under s79A CA)
- Definition: A person commits aggravated carjacking when they commit standard carjacking but with additional aggravating factors.
- Elements:
- The same elements as normal carjacking apply.
- Aggravating Factors:
- You possessed a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive during the carjacking.
- You caused injury to another person in the course of the carjacking.
- Penalties: A person convicted of aggravated carjacking may face up to 25 years of imprisonment.
Penalties for Aggravated Carjacking:
Aggravated carjacking is considered a serious offense, carrying a maximum penalty of 25 years imprisonment under level 2 penalties. Additionally, it is classified as a category 1 offense under the Sentencing Act 1991, which requires that a custodial order be imposed unless the court finds a special reason not to do so. The law also mandates that a non-parole period of at least three years be set unless specific conditions apply.
Where will my case be heard?
Charges for aggravated carjacking are heard in the County Court or the Supreme Court.
Factors and Defences to Consider
- Did you take another’s vehicle with the intent to deprive permanently?
- Did you possess a weapon at the time of the taking?
- Did you injure anyone with that weapon?
- Did you have consent or lawful reason to take the vehicle?
- Do you have an alibi?
- Do you have any previous convictions of a similar nature to this offence?
- What were the surrounding circumstances to this offence?
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What happens next?
If you have been charged with aggravated Carjacking, your next step is to schedule an initial consultation with an expert at MK Law, where you’ll discuss your case in detail, allowing the lawyers to assess your situation and provide preliminary advice. They will then review the information, possibly request additional evidence or documentation, and tailor a defence strategy specific to your circumstances. MK Law will keep you updated throughout the process, offering legal advice and preparing you for any court appearances. If your case proceeds to court, MK Law will represent you, advocating for the best possible outcome. To start, simply reach out by phone on 1800 130 120 or through their website to arrange the consultation.
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