Carjacking

Carjacking charges are serious, but not every conviction leads to a prison sentence. With the right legal strategy, there may be options to reduce or defend the charge. At Emma Turnbull Lawyers, we provide expert, compassionate advice and representation to help you navigate the process with confidence.

Carjacking is defined under section 79 of the Crimes Act 1958 (Vic). To prove this offence, the prosecution must establish beyond a reasonable doubt that:

1.The accused stole a vehicle (refer to the offence of Theft for an explanation of that offence); and

2.At the time or immediately before the theft, the accused:

• Used force on a person; or
• Put a person in fear that they or another person would, then and there, be subject to the use of force; or
• Sought to put a person in fear that they 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.

Carjacking is an indictable offence that may be heard in the Magistrates’ Court if the circumstances allow. However, more serious cases, especially those involving additional offences or aggravating factors may be referred to the County or Supreme Court.

Seeking expert legal advice early is essential. Each case is unique, and a clear understanding of your legal position, potential defences, and the prosecution’s case can significantly affect the outcome.

Sentencing outcomes depend on a range of factors, including prior history, the use of violence or threats, and whether the accused pleads guilty.

• In higher courts (2016–2021): All 24 people sentenced for carjacking received imprisonment. The median sentence was 4 years.
• In the Magistrates’ Court (2018–2021): 62 people were sentenced. 69% received jail time, while 19% received Community Correction Orders.

Although jail is often imposed, these figures suggest that other sentencing options could be available in your case.

A carjacking charge brings serious consequences. At Emma Turnbull Lawyers, we provide a strategic, compassionate, and clear legal response.

Our experienced team will:

• Review your charges and the evidence;
• Identify and prepare the most effective legal defence;
• Represent you in court at every stage;
• Work with barristers and expert witnesses if needed;
• Keep you informed and supported throughout the process.

You don’t have to face this alone. Work with a female-led criminal law firm that knows how to handle carjacking charges with professionalism and care.

Contact our office today to speak to an accredited criminal law specialist on (03) 9077 4834 or at admin@emmaturnbull.com.au