Have you been Charged with Aggravated Carjacking?
- Over 30 years experience in the criminal justice system
- Track record of successβ
- Nationally acclaimed expertiseβ
Free Legal Advice 24/7
-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Aggravated Burglary
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
-
Carjacking
-
Aggravated Carjacking
What does it mean to be charged with Aggravated Carjacking?
Being charged with aggravated carjacking means that an individual is accused of committing the act of carjacking under specific circumstances that elevate the seriousness of the offense. According to section 79A of the Crimes Act 1958 (βCAβ), aggravated carjacking occurs when a person engages in carjacking while possessing a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive. Additionally, if the accused causes injury to another person during the carjacking, this also constitutes aggravated carjacking.
What must the prosecution prove?
In a case of aggravated carjacking, the prosecution must prove the following elements beyond a reasonable doubt:
- You must have committed a carjacking, which involves:
- Theft of a Vehicle: you took a vehicle belonging to another person.
- Use of Force or Fear: You used force against another person or instilled fear in them to facilitate the theft of the vehicle.
- Possession of a Weapon or Causing Injury: The prosecution must establish that:
- At the time of the carjacking, you had with you a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive; or
- During the carjacking, you caused injury to another person.
- Intent and Dishonesty: The prosecution must demonstrate that you acted with intent to permanently deprive the owner of the vehicle, and that you acted dishonestly, meaning you did not believe you had the legal right to take the vehicle.
What is the difference between βCarjackingβ and βAggravated Carjackingβ?
Carjacking (under s79 CA)
- Definition: A person commits carjacking if they steal a vehicle using force or by putting another person in fear of force.
- Elements:
- You took a vehicle belonging to another person.
- The act involves the use of force or the threat of force against another person.
- You intended to permanently deprive the owner of the vehicle.
- You acted dishonestly, believing you have no legal right to take the vehicle.
- Penalties: A person convicted of carjacking may face up to 15 years of imprisonment.
Aggravated Carjacking (under s79A CA)
- Definition: A person commits aggravated carjacking when they commit standard carjacking but with additional aggravating factors.
- Elements:
- The same elements as normal carjacking apply.
- Aggravating Factors:
- You possessed a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive during the carjacking.
- You caused injury to another person in the course of the carjacking.
- Penalties: A person convicted of aggravated carjacking may face up to 25 years of imprisonment.
Penalties for Aggravated Carjacking:
Aggravated carjacking is considered a serious offense, carrying a maximum penalty of 25 years imprisonment under level 2 penalties. Additionally, it is classified as a category 1 offense under the Sentencing Act 1991, which requires that a custodial order be imposed unless the court finds a special reason not to do so. The law also mandates that a non-parole period of at least three years be set unless specific conditions apply.
Where will my case be heard?
Charges for aggravated carjacking are heard in the County Court or the Supreme Court.
Factors and Defences to Consider
- Did you take anotherβs vehicle with the intent to deprive permanently?
- Did you possess a weapon at the time of the taking?
- Did you injure anyone with that weapon?
- Did you have consent or lawful reason to take the vehicle?
- Do you have an alibi?
- Do you have any previous convictions of a similar nature to this offence?
- What were the surrounding circumstances to this offence?
-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Aggravated Burglary
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
-
Carjacking
-
Aggravated Carjacking
Testimonials
What people Say
St Kilda, Victoria 3182
1800 130 120
-
I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read MoreI found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and history, but once I spoke to Jasmin Dhillon and the MK Law team, all my worries were taken away! Jasmin took the time to explain to me the process and kept me informed every step of the way, she has a deep understanding of the law and a genuine heartfelt commitment to achieving the best possible outcome for her clients. Thanks to her hard work and expertise, we achieved a no conviction outcome which has enabled me to continue working hard and pursue my dream career! I am forever grateful for their service and would highly recommend the MK Law team to anyone in need of legal assistance, they are truly dedicated and one of a kind in their field. Read Less55/5
-
I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read MoreI recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Marie who did exceptional job. I would highly recommend Marie Lukic of MK law firm. π Read Less55/5
-
Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..πππππππππFi... Read MoreThanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..πππππππππFirst time getting charged, didn't know what to do. I was like a fish out of water. Started to research some law firms and mk law popped did some background checks and found good info about the firm. So I stuck with them and i don't regret nothing about my experience with mk law..... Read Less55/5
-
I am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented ... Read MoreI am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented and amazing at what she does. I could not have asked for anymore. I was nervous at first, but Jasmin made me feel at ease and confident going into my case. If I ever have any issues in the future, I will confidently go with Jasmin Dhillon . And thank you to the exceptional MK Law team. Read Less55/5
What happens next?
If you have been charged with aggravated Carjacking, your next step is to schedule an initial consultation with an expert at MK Law, where youβll discuss your case in detail, allowing the lawyers to assess your situation and provide preliminary advice. They will then review the information, possibly request additional evidence or documentation, and tailor a defence strategy specific to your circumstances. MK Law will keep you updated throughout the process, offering legal advice and preparing you for any court appearances. If your case proceeds to court, MK Law will represent you, advocating for the best possible outcome. To start, simply reach out by phone on 1800 130 120 or through their website to arrange the consultation.
Free Legal Advice 24/7
Contact Us
Call Anytime For Free Legal Advice 24/7
Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au