Tough new laws for carjacking and home invasion will be in force from tomorrow, Wednesday 7 December, as the Andrews Labor Government continues to crack down on violent crime in the community.
The Government today proclaimed four new offences – carjacking, aggravated carjacking, home invasion and aggravated home invasion – to give police the laws they need to keep the community safe.
Bail has also been tightened with a presumption against bail for aggravated carjacking, home invasion and aggravated home invasion. This means the accused will need to justify why they should not be remanded.
The new show cause provisions will apply regardless of the age of the offender.
Under the new laws, carjacking will carry a maximum penalty of 15 years and those convicted of aggravated carjacking will face a maximum penalty of 25 years. Home invasion will carry a maximum penalty of 25 years.
A statutory minimum non-parole period of three years will also apply to aggravated carjacking and aggravated home invasion.
Home invasion is when a person, in the company of others, commits a burglary while armed or where there is a person in the house. The new law includes a ‘strict liability’ element, meaning that it is irrelevant whether they knew if there was someone home at the time.
Aggravated home invasion is where there are at least three offenders, who are armed, and commit a burglary on premises where a person was present and they knew, or were reckless as to whether there were people in the home.
Carjacking will apply to offenders who use force, or threaten to use force, in order to steal a vehicle.
Aggravated carjacking will apply to offenders in possession of an offensive weapon, or who cause injury to another person during the commission of the offence.
Quotes attributable to Attorney-General Martin Pakula
“These crimes have a profound and traumatic effect on victims. Everyone has a right to feel safe in their own homes and cars.”
“We understand there is community concern about these crimes. We have fast-tracked these laws to help keep the community safe.”
Quotes attributable to Minister for Police Lisa Neville
“These are terrible crimes that cause great harm in our communities.”
“There’s just no excuse for this offending, and that’s why these laws are so important to hold perpetrators to account.”
Reviewed 19 August 2020