79Carjacking

79 Carjacking

S. 79(1) amended by No. 54/2025 s. 10(1)(a).

(1) 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S. 79(1)(a) repealed by No. 54/2025 s. 10(1)(b).

(b) immediately before or at the time of doing so, and in order to do so, A—

(i) uses force on another person; or

S. 79(1)(b)(ii) amended by No. 54/2025 s. 10(1)(c).

(ii) 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).

(c) 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).

(1A) For the purposes of subsection (1)(c), it is immaterial whether or not A knew that the child was in the vehicle.

(2) A person who commits a carjacking commits an offence and is liable to level 4 imprisonment (15 years maximum).

vehicle includes—

(a) a motor vehicle;

(b) a vessel within the meaning of the Marine Safety Act 2010.

Note to s. 79 inserted by No. 48/2018 s. 91.

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.

S. 79A inserted by No. 50/2016 s. 4.