Have you been Charged with Carjacking?
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What does it mean to be charged with Carjacking?
Carjacking, as defined under section 79 of the Crimes Act 1958 (“CA”), is a serious criminal offense involving the theft of a vehicle that is committed through the use of force or intimidation.
What is the definition of Carjacking?
According to the legislation, a person (referred to as “A”) commits the offense of carjacking if the following conditions are met:
- Theft of a Vehicle:
- “A” must steal a vehicle. The definition of “vehicle” includes not only motor vehicles (such as cars and trucks) but also vessels (such as boats) under the Marine Safety Act 2010.
- Use of Force or Intimidation:
- Immediately before or at the time of stealing the vehicle, “A” must either:
- Use force on another person, or
- Put or seek to put another person (referred to as “B”) in fear that they or someone else will be subjected to force.
- Immediately before or at the time of stealing the vehicle, “A” must either:
What must the prosecution prove?
To successfully charge someone with carjacking, the prosecution must prove the following elements:
- You had the intention to steal the vehicle.
- You either physically assaulted someone or threatened someone with force to facilitate the theft.
- The force or threat must occur immediately before or at the time of the theft, establishing a direct link between the theft and the use of force or intimidation.
What does ‘Theft’ mean?
The legal definition of theft involves the unlawful or dishonest taking of someone else’s property with the intent to permanently deprive the owner of that property.
Penalties for Carjacking:
Carjacking is classified as a serious offense, and the penalties are significant:
- Imprisonment: A person convicted of carjacking is liable to level 4 imprisonment, which carries a maximum sentence of 15 years.
- Custodial Orders: Under the Sentencing Act 1991, a carjacking offense is classified as a category 2 offense. This classification mandates the imposition of a custodial order (prison sentence) unless specific mitigating circumstances are present.
The offense of carjacking serves as a statutory alternative to aggravated carjacking. Therefore, if a jury finds that there is insufficient evidence to convict a person of aggravated carjacking under section 79A, the individual may still be held liable for carjacking under section 79.
Where will my case be heard?
Carjacking offences can be heard in any of the following courts depending on severity of the offence: Magistrates, County or Supreme Court of Victoria.
Factors and Defences to Consider
- Did you intend to deprive the owner of the vehicle permanently?
- Did you have consent from the owner of the vehicle to use the vehicle?
- Did you use force against the owner or another individual?
- What was the nature and extent of that force?
- Who is the rightful owner of the vehicle?
- What were the circumstances surrounding the incident?
- Were there any extenuating factors that might affect culpability, such as duress or coercion?
- Do you have an alibi?
- Do you have any previous convictions of a similar nature?
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What happens next?
If you have been charged with 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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