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7.5.9.2 – Checklist: Aggravated Carjacking

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The Elements

Four 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.
  4. NOA either:
    1. Had a [firearm/imitation firearm/offensive weapon/explosive/imitation explosive] with him/her; or
    2. Intentionally caused injury to another person in the course of the carjacking

    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 Aggravated Carjacking

1.2 Is [identify vehicle] a vehicle?

If Yes, then go to 1.3

If No, then the Accused is not guilty of Aggravated 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 Aggravated 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 Aggravated 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 Aggravated 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 go to 4

If No, then the Accused is not guilty of Aggravated Carjacking

Aggravating element – [Firearm/imitation firearm/offensive weapon/explosive/imitation explosive]

4. Did NOA have a [firearm/imitation firearm/offensive weapon/explosive/imitation explosive] with him/her at the time of the carjacking?

4.1 Did NOA have [identify item] on him/her or readily available for use at the time of the alleged carjacking?

If Yes, then go to 4.2

If No, then go to 5

4.2 Is [identify item] a [firearm/imitation firearm/offensive weapon/explosive/imitation explosive]?

If Yes, then go to 4.3

If No, then go to 5

4.3 Did NOA have [identify item] for the purpose of the alleged carjacking?

If Yes, then the accused is guilty of Aggravated Carjacking (provided you have answered yes to questions 1, 2 and 3)

If No, then go to 5

Aggravating element – Intentionally causing injury

5. Did NOA intentionally cause injury to a person in the course of the alleged carjacking?

5.1 Did NOA cause injury to NOC?

Consider – Injury can be "physical injury" or "harm to mental health"

Consider – "Physical injury" includes unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function

Consider - Harm to mental health includes psychological harm, but not emotional reactions such as distress, grief, fear or anger which do not result in psychological harm

If Yes, then go to 5.2

If No, then the Accused is not guilty of Aggravated Carjacking

5.2 Did NOA cause injury intentionally?

If Yes, then go to 5.3

If No, then the Accused is not guilty of Aggravated Carjacking

5.3 Did NOA cause the injury in the course of the alleged carjacking?

If Yes, then the accused is guilty of Aggravated Carjacking (provided you have answered yes to questions 1, 2 and 3)

If No, then the Accused is not guilty of Aggravated Carjacking

Last updated: 9 March 2017

See Also

7.5.9 – Aggravated Carjacking

7.5.9.1 – Charge: Aggravated Carjacking