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Aggravated Taking a Motor Vehicle or Vessel With Occupant or By Assault

Aggravated Taking a Motor Vehicle or Vessel With Occupant or By Assault is an offence under section 154C(2) of the Crimes Act 1900 which carries a maximum penalty of 14 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You assaulted a person with intent to take a motor vehicle or vessel, or a person, other than your accomplice, was inside the motor vehicle or vessel
  2. You took and drove the motor vehicle or vessel or took it for the purpose of driving it
  3. You did so without the consent of the owner or lawful occupier, and
  4. You did so in ‘circumstances of aggravation’

An ‘assault’ is where you intentionally or recklessly:

  1. Made unauthorised physical contact with another person, or
  2. Caused another person to apprehend immediate and unlawful violence

A ‘motor vehicle’ is any vehicle built to be propelled by a motor that forms part of the vehicle. A ‘vessel’ is a water craft of any description used or capable of being used as a means of transportation on water.

‘Circumstances of aggravation’ are where you:

  1. Were with another person or persons
  2. Were armed with an offensive weapon or instrument, or
  3. Intentionally or recklessly inflicted actual bodily harm

‘Actual bodily harm’ is that which is more than ‘transient or trifling’ but does not amount to ‘grievous bodily harm’, which is very serious harm. Actual bodily harm includes lasting scratches, bruises and abrasions.

Defences to the charge include:

  1. Self-defence
  2. Duress, and
  3. Necessity

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