Carjacking
79 Carjacking
S. 79 substituted by No. 8425 s. 2(1)(b), amended by No. 9576 s. 11(1), repealed by No. 10084 s. 4, new s. 79 inserted by No. 50/2016 s. 4.
S. 79(1) amended by No. 54/2025 s. 10(1)(a).
A person (A) commits a carjacking if A steals a vehicle and either—
S. 79(1)(a) repealed by No. 54/2025 s. 10(1)(b).
* * * * *
immediately before or at the time of doing so, and in order to do so, A—
uses force on another person; or
S. 79(1)(b)(ii) amended by No. 54/2025 s. 10(1)(c).
puts or seeks to put another person (B) in fear that B or anyone else will then and there be subjected to force; or
S. 79(1)(c) inserted by No. 54/2025 s. 10(1)(d).
a child who is under the age of 10 is in the vehicle when A steals it.
S. 79(1A) inserted by No. 54/2025 s. 10(2).
For the purposes of subsection (1)(c), it is immaterial whether or not A knew that the child was in the vehicle.
A person who commits a carjacking commits an offence and is liable to level 4 imprisonment (15 years maximum).
In this section—
vehicle includes—
a motor vehicle;
a vessel within the meaning of the Marine Safety Act 2010.
Note to s. 79 inserted by No. 48/2018 s. 91.
Note
An offence against this section is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.
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