(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.
(2) A person who commits an aggravated carjacking commits an offence and is liable to level 2 imprisonment (25 years maximum).
(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.
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.
to s. 79A amended by No. 48/2018 s. 92(b).
2 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AD of that Act do not apply and the court has full sentencing discretion. See also section 5(2G) of that Act.
S. 80 substituted by No. 8425 s. 2(1)(b), amended by No. 9576 s. 11(1).