Aggravated Carjacking

A charge of aggravated carjacking contains the following elements to be proven to be successful:

1. The accused committed carjacking;

2. At the time of the carjacking, the accused was armed with a weapon or had another person with them;

3. The accused knew or was reckless as to whether they were armed or accompanied; and

4. The accused intended to use the weapon or the presence of another person to facilitate the carjacking or overcome resistance.

Once the case goes to court, it is up to the prosecution to prove all elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument.

Sentencing for aggravated carjacking is severe, with courts imposing substantial prison sentences. Factors considered include whether weapons were used, whether anyone was injured, and any prior criminal history.