Carjacking and aggravated carjacking are serious criminal offences under sections 79 and 79A of the Crimes Act 1958 (Vic). Carjacking is essentially the theft of a vehicle using force or the threat of force. Aggravated carjacking is the more serious form, applying where the accused was armed or caused injury during the carjacking.

Carjacking and aggravated carjacking are heard in the County Court of Victoria following committal proceedings in the Magistrates’ Court. At Angus Cameron and Partners, we have represented numerous clients facing these charges across all Victorian courts, from committal proceedings through to jury trials in the higher courts.

If you have been charged with carjacking or aggravated carjacking, it is important to get experienced legal advice as soon as possible. These offences carry significant penalties and the legal issues involved are specific.

Carjacking

The prosecution must prove three elements beyond reasonable doubt:

  • you stole a vehicle;
  • immediately before or at the time of doing so, you used force on another person, put another person in fear of immediate force, or attempted to put another person in fear of immediate force; and
  • you did so in order to steal the vehicle.
Stealing a vehicle

The prosecution must prove that you committed theft of a vehicle — that is, that you dishonestly appropriated a vehicle belonging to another person with the intention of permanently depriving them of it. A “vehicle” for this purpose includes motor vehicles and vessels within the meaning of the Marine Safety Act.

Force or threat of force

The prosecution must prove that immediately before or at the time of the theft, you used force on a person, or put or sought to put a person in fear that they or someone else would be subjected to immediate force.

There is no minimum level of force required — even a small degree of physical force can satisfy this element. Whether the force used, or the threat made, was sufficient is a question for the jury to decide based on all the circumstances.

Timing and connection to the theft

The force or threat must occur immediately before or at the time of the theft, not after it is complete. It must also have been used in order to steal the vehicle. As with robbery, the force does not need to have caused the victim to hand over the vehicle — only that it was used for the purpose of stealing it. The offence will not be made out if force was used for a different reason and an opportunity to steal arose incidentally.

Aggravated Carjacking

Aggravated carjacking applies where the accused committed a carjacking and one of the following additional circumstances existed:

  • at the time, the accused had with them a firearm, imitation firearm, offensive weapon, explosive or imitation explosive; or
  • in the course of the carjacking, the accused caused injury to another person.
Weapon possession

The prosecution must prove that, at the time of the carjacking, you had a weapon with you. An article is “with” you if it was in your possession or readily available for use. An article that is concealed in a way that makes it impossible to use will not satisfy this element — however, simply drawing attention to the existence of an article can be enough to constitute its “use.”

The prosecution must also prove that you had the weapon with you for the purpose of the carjacking — specifically, that you intended to use it to apply force to a person, or to put a person in fear of immediate force. You must also have known that the article was with you.

What counts as a weapon

The offence covers five categories of article:

  • Firearm: any device designed, adapted or capable of being modified to discharge a bullet or other missile. This includes devices whether or not assembled, operable or complete.
  • Imitation firearm: anything that has the appearance of being a firearm, whether or not it is capable of being discharged.
  • Offensive weapon: any article made or adapted for causing injury or incapacitation, or which you intend or threaten to use for that purpose. An otherwise ordinary object — such as a kitchen knife or bottle — can become an offensive weapon if you intend to use it offensively, even if that intention formed only at the time of the robbery.
  • Explosive: any article manufactured to produce a practical effect by explosion, or which you intend to use for that purpose.
  • Imitation explosive: any article that might reasonably be taken to be or to contain an explosive.
Causing injury

The second limb of aggravated carjacking applies where you caused injury to another person during the carjacking. Injury is broadly defined and includes both physical injury and harm to mental health, whether temporary or permanent. Physical injury includes unconsciousness, disfigurement, substantial pain, infection with a disease, and impairment of bodily function. Harm to mental health includes psychological harm, but does not include emotional reactions such as distress, grief, fear or anger unless they result in actual psychological harm.

Defences

Being charged with carjacking or aggravated carjacking does not necessarily mean you will be convicted. There are several defences that may apply depending on the circumstances.

No theft

If the prosecution cannot prove that you stole the vehicle — for example, because you had a genuine belief you were entitled to take it — the carjacking charge cannot succeed.

No force or threat connected to the theft

If there was no force or threat of force, or if any force used was not connected to the theft of the vehicle, the elements of carjacking may not be made out. As with robbery, force used for an unrelated reason that merely creates an incidental opportunity to steal is not sufficient.

No weapon or no injury (aggravated carjacking)

For aggravated carjacking, if the prosecution cannot establish either that you were armed or that injury was caused during the offence, the aggravated charge may not be made out, though you may still face a carjacking charge.

Insufficient evidence or improperly obtained evidence

The prosecution must prove each element beyond reasonable doubt. If the evidence is weak on any element, or was obtained unlawfully, there may be grounds to challenge the prosecution’s case. These are technical arguments that require experienced legal advice.

FAQs

What is the difference between robbery and carjacking?

Robbery involves stealing any property while using or threatening force. Carjacking is a specific offence involving the theft of a vehicle using force or the threat of force. Because carjacking targets a specific type of property and often places victims in particular danger, it is a separate and serious offence in its own right.

What counts as a “vehicle” for carjacking?

A vehicle includes motor vehicles as well as vessels within the meaning of the Marine Safety Act. This means carjacking is not limited to cars — it can extend to boats and other motorised vessels.

What is the difference between carjacking and aggravated carjacking?

Carjacking involves stealing a vehicle using force or the threat of force. Aggravated carjacking applies where you were armed at the time, or where you caused injury to a person in the course of the carjacking. Aggravated carjacking is the more serious offence and carries a higher maximum penalty.

What counts as “injury” for aggravated carjacking?

Injury includes both physical injury and harm to mental health. Physical injury covers things like unconsciousness, disfigurement, substantial pain, and impairment of bodily function. Psychological harm also qualifies, but ordinary emotional reactions such as distress or fear do not unless they result in actual psychological harm.

What are the penalties for carjacking and aggravated carjacking in Victoria?

Carjacking carries a maximum penalty of 15 years imprisonment. Aggravated carjacking carries a maximum of 25 years. The actual sentence will depend on the circumstances of the offending and your personal history.

Do I need a lawyer if I'm charged with carjacking?

Yes. Carjacking and aggravated carjacking are serious offences carrying significant penalties. An experienced criminal lawyer is essential to protect your rights and ensure every available defence is properly considered.

Is carjacking an indictable offence in Victoria?

Yes. Both carjacking and aggravated carjacking are strictly indictable offences heard in the County Court of Victoria, following committal proceedings in the Magistrates’ Court.

What is the average sentence for carjacking in Victoria?

Sentences vary depending on the degree of planning, use of weapons or threats, injury caused, the offender’s age and prior history, and whether they played a principal or lesser role. We can provide a realistic assessment of likely outcomes once we have reviewed the full facts of your matter.

Can I get bail if charged with carjacking?

Bail is possible but will depend on the seriousness of the specific allegations, your personal circumstances, and the risk you are said to pose. We make urgent bail applications and present the strongest possible cases for our clients.

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