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7.5.8 – Carjacking

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Overview

  1. Carjacking is an offence under Crimes Act 1958 s79.
  2. The offence has the following three elements:
    1. The accused stole a vehicle;
    2. Immediately before or at the time of the theft, the accused:
      1. Used force on any person; or
      2. Put any person in fear that s/he or another person would, then and there, be subject to the use of force; or
      3. Sought to put any person in fear that s/he or another person would, then and there, be subject to the use of force; and
    3. The accused did so in order to commit the theft (Crimes Act 1958 s79(1)).
  3. Apart from one difference, this offence is the same as robbery. The one difference is that whereas robbery can involve theft of any property, carjacking must involve theft of a vehicle.
  4. A vehicle is defined to include:
    1. A motor vehicle;
    2. A vessel within the meaning of the Marine Safety Act 2010 (Crimes Act 1958 s79(3)).
  5. As noted in Theft, Crimes Act 1958 s73(14) provides that proof that a person uses a vehicle without the consent of the owner is conclusive evidence that the person intends to permanently deprive the owner of that vehicle.
  6. Users should refer to Robbery for details about the elements of this offence.

Last updated: 9 March 2017

In This Section

7.5.8.1 – Charge: Carjacking

7.5.8.2 – Checklist: Carjacking

See Also

7.5 - Dishonesty and Property Offences

7.5.1 - Theft

7.5.2 - Robbery

7.5.3 - Armed Robbery

7.5.4 - Burglary

7.5.5 - Aggravated Burglary

7.5.6 – Home Invasion

7.5.7 – Aggravated Home Invasion

7.5.9 – Aggravated Carjacking

7.5.10 - Handling Stolen Goods

7.5.11 - Recent Possession

7.5.12 - Obtaining Property By Deception

7.5.13 - Obtaining a Financial Advantage By Deception

7.5.14 - Making or Using a False Document

7.5.15 - Blackmail

7.5.16 - Criminal Damage

7.5.17 - Criminal Damage Intending to Endanger Life

7.5.18 - Criminal Damage With a View to Gain

7.5.19 - Arson

7.5.20 - Arson Causing Death

7.5.21 - Intentionally or Recklessly Causing a Bushfire