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VICAct
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s 79A

Aggravated carjacking

In force
Part IOffences
Division 2Theft and similar or associated offences

79A Aggravated carjacking

(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.

S. 79A(2) amended by No. 54/2025 s. 6.

(2)

A person who commits an aggravated carjacking commits an offence and is liable to level 1 imprisonment (life).

(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

Note 1AA to s. 79A inserted by No. 48/2018 s. 92(a).

1AA An offence against this section is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

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.

Note 2 to s. 79A amended by No. 48/2018 s. 92(b), repealed by No. 23/2020 s. 16.

* * * * *

S. 80 substituted by No. 8425 s. 2(1)(b), amended by No. 9576 s. 11(1).

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