Victorian Numbered Acts Victorian Numbered ActsAfter section 78 of the Crimes Act 1958 insert —
(1) A person (A) commits a carjacking if—
(a) A steals a vehicle; and
(b) immediately before or at the time of doing so, and in order to do so, A—
(i) uses force on another person; or
(ii) puts or seeks to put another person (B) in fear that B or anyone else will then and there be subjected to force.
(2) A person who commits a carjacking commits an offence and is liable to level 4 imprisonment (15 years maximum).
(3) In this section—
"vehicle" includes—
(a) a motor vehicle;
(b) a vessel within the meaning of the Marine Safety Act 2010 .
(1) A person commits an aggravated carjacking if the person commits a carjacking and—
(a) at the time the person has with them a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive; or
(b) in the course of the carjacking the person causes injury to another person.
(2) A person who commits an aggravated carjacking commits an offence and is liable to level 2 imprisonment (25 years maximum).
(3) In this section—
"explosive", firearm , imitation explosive", "imitation firearm , and offensive weapon have the same meanings as in section 77;
"injury" has the same meaning as in section 15.
Notes
1 Section 10AD of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 79A and that a non-parole period of not less than 3 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.
2 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the requirements of section
10AD of that Act do not apply and the court has full sentencing discretion.".
Part 3—Amendment of Sentencing Act 1991