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7.5.8.2 – Checklist: Carjacking

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The Elements

Three elements the prosecution must prove beyond reasonable doubt:

  1. NOA committed theft of a vehicle.
  2. Immediately before or at the time of the theft NOA:
    1. Used force on NOC;
    2. Put NOC in fear that force was going to be used then and there; or
    3. Sought to put NOC in fear that force was going to be used then and there.
  3. NOA acted in this way in order to commit the theft.

    Theft of a vehicle

1. Did NOA commit theft of a vehicle?

1.1 Did NOA appropriate property belonging to another?

If Yes, then go to 1.2

If No, then the Accused is not guilty of Carjacking

1.2 Is [identify vehicle] a vehicle?

If Yes, then go to 1.3

If No, then the Accused is not guilty of Carjacking

1.3 Did NOA intend to permanently deprive the owner of the vehicle?

Consider – A person intends to permanently deprive the owner of a vehicle if s/he takes or uses the vehicle without the consent of the owner

If Yes, then go to 1.4

If No, then the Accused is not guilty of Carjacking

1.4 Was NOA acting dishonestly?

Consider – For this purpose, "dishonestly" means "without a belief in a legal right to take the vehicle"

If Yes, then go to 2

If No, then the Accused is not guilty of Carjacking

Use of force

2. Has the prosecution proved any of the following uses of force?

2.1 Did NOA use force on NOC?

If Yes, then go to 3

If No, then go to 2.2

2.2 Did NOA put NOC in fear that force was going to be used on him/her/another person then and there?

If Yes, then go to 3

If No, then go to 2.3

2.3 Did NOA seek to put NOC in fear that force was going to be used on him/her/another person then and there?

If Yes, then go to 3

If No, then the Accused is not guilty of Carjacking

Conduct committed in order to steal

3. Did NOA use force, put NOC in fear of force or seek to put NOC in fear of force in order to steal the car?

Consider – What was the purpose of NOA’s actions?

If Yes, then the Accused is guilty of Carjacking (provided you have answered yes to questions 1 and 2)

If No, then the Accused is not guilty of Carjacking

Last updated: 9 March 2017

See Also

7.5.8 – Carjacking

7.5.8.1 – Charge: Carjacking