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:
An ‘assault’ is where you intentionally or recklessly:
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:
‘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:
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