# Carjacking >[!info] >[s. 79 Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s79.html "Carjacking") — A **person** commits a carjacking if; that person steals a **vehicle**; and **immediately before** or at the **time of doing so**, in order to do so, that person uses **force** or **fear of force** against another. >[!success] >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#64184.htm "Charge Book - Carjacking") relating to this matter. # Example A [[20 - 29 Offences/20 Meta/20.01 Offence Definitions/Motor Vehicle]] is stationary at an intersection. Lawrence runs over to the driver's side door and sees that Maria is inside the vehicle. Lawrence opens the door and drags Maria out of the car and onto the pavement. Maria is not injured, however Lawrence has used force to get her out of the vehicle. Lawrence then gets in the car and drives off. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence heard at the Magistrates' Court. # Points of Proof 1. Identity 2. [[24.02 Theft of Motor Vehicle]] 3. Use of Force or Threat of Force to Any Person in Order to Steal # Charge The accused at **PLACE** on **DATE** did steal a vehicle and immediately before or at the time did **USE FORCE ON ANOTHER PERSON / PUT OR SEEK TO PUT ANOTHER PERSON OR ANYONE ELSE IN FEAR OF FORCE**. |**Section**|**Text**| |---|---| |LEAP Code:|212B| |Offence Literal:|Carjacking (Use Force Steal Vehicle)| |Offence Type:|Indictable Offence| |Jurisdiction:|State| |Law Type:|Act| |Act / Reg. No:|Crimes Act No.6231/1958| |Section/Clause:|79|