Car Jacking

Question 1

outline the 3 elements to the offence

Car Jacking

s79 CA 1958

Answer 1

The offence has the following three elements:

1) The accused stole a vehicle;
2) Immediately before or at the time of the theft, the accused:

• Used force on any person; or
• Put any person in fear that s/he or another person would, then and there, be subject to the use of force; or
• Sought to put any person in fear that s/he or another person would, then and there, be subject to the use of force; and

3) The accused did so in order to commit the theft (Crimes Act 1958 s79(1)).

Question 2

how is the offence of Car Jacking

different to Robbery

Answer 2

Apart from one difference, this offence is the same as robbery.

The one difference is that whereas robbery can involve theft of any property, carjacking must involve theft of a vehicle.