Taking motor vehicle or vessel with assault or with occupant on board (Carjacking)

Offence title:

Taking motor vehicle or vessel with assault or with occupant on board (Carjacking)

Act:

154C Crimes Act (NSW)

Offence:

(1)   Anyone who:

(a)   assaults another person with intent to take a motor vehicle or vessel and, without having the consent of the owner or person in lawful possession of it, takes and drives it, or takes it for the purpose of driving it, or

(b)   knowing that any conveyance has been taken without such consent, drives it or allows himself or herself to be carried in or on it, when a person is in or on it,

shall be deemed to be guilty of larceny and liable to be indicted for that offence.

(2)   A person who commits the offence in (1) in circumstances of aggravation is liable to a more severe penalty.

Penalty:

(1)   Imprisonment 10 years.

 (2)   Imprisonment 14 years.

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court.

How committed:

Person A and Person B rob a petrol station, in order to get away they steal a car that is refuelling. In the back seat is a baby strapped in a car seat.

Important note:

circumstances of aggravation mean circumstances involving any one or more of the following—

(a)   the alleged offender is in the company of another person or persons, (b)

(b)   the alleged offender is armed with an offensive weapon or instrument, (c)

(c)    the alleged offender intentionally or recklessly inflicts actual bodily harm on any person.

drive includes operate.

motor vehicle means a motor vehicle within the meaning of the Road Transport Act 2013.

vessel means a vessel within the meaning of the Marine Safety Act 1998.

conveyance means any cart, wagon, cab, carriage, motor car, caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor or other bicycle, tank or other military vehicle, or any ship, or vessel, used or intended for navigation, and drive shall be construed accordingly.