>[!info] >[s. 79A Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s79a.html "Aggravated Carjacking") — A **person** commits an aggravated car-jacking if the person commits a **car-jacking** and at the time the person has with them a **firearm**, an **imitation firearm**, an **offensive weapon**, an **explosive** or an **imitation explosive**; or in the course of the car-jacking causes an **injury** to another person. >[!success] >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#64188.htm "Charge Book - Aggravated Carjacking") relating to this matter. # Example A [[20 - 29 Offences/20 Meta/20.01 Offence Definitions/Motor Vehicle]] is being driven slowly through a shopping centre car park by an elderly male, Angus. A young man, Kevin, runs up to the vehicle and pulls the driver's door open. He produces a firearm and pistol whips Angus in the back of the head. He pulls Angus out of the car and drags him onto the pavement before getting into the car and driving 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 County Court. # Points of Proof 1. Identity 2. [Theft of Motor Vehicle](https://infopol.net/books/offences/page/theft-of-motor-vehicle "Theft of Motor Vehicle") 3. Use of Force or Threat of Force to Any Person in Order to Steal 4. A firearm, imitation firearm, offensive weapon, explosive or imitation explosive; or 5. An injury to the victim # Charge The accused at **PLACE** on **DATE** did steal a vehicle and immediately before or at the time did **USE FORCE ON ANOTHER PERSON / AT THE TIME THE PERSON HAS WITH THEM A; FIREARM / IMITATION FIREARM / OFFENSIVE WEAPON / EXPLOSIVE / IMITATION EXPLOSIVE / IN THE COURSE OF THE CARJACKING THE ACCUSED CAUSES INJURY TO ANOTHER PERSON** namely **WEAPON/PERSON INJURED.** |**Section**|**Text**| |---|---| |LEAP Code:|211F| |Offence Literal:|Aggravated Carjacking - Firearm| |Offence Type:|Indictable Offence| |Jurisdiction:|State| |Law Type:|Act| |Act / Reg. No:|Crimes Act No.6231/1958| |Section/Clause:|79A|