Tough New Laws For Carjacking And Home Invasions

30 August 2016

The Andrews Labor Government will today introduce legislation to create tough new offences for carjacking and home invasion to give police the laws they need to keep the community safe.

The legislation, developed in close consultation with Victoria Police, will include tough new penalties and statutory minimum sentences for aggravated carjacking and aggravated home invasion.

Carjackings and home invasions are crimes that traumatise victims and have no place in our society.

The new legislation will amend the Crimes Act 1958 to create new offences of carjacking, aggravated carjacking, home invasion and aggravated home invasion.

The Bail Act 1977 will also be amended to include 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.

The new offence of carjacking will carry a maximum penalty of 15 years and those convicted of aggravated carjacking face a maximum penalty of 25 years.

A statutory minimum non-parole period of three years will also apply to aggravated carjacking.

Home invasion will have a maximum penalty of 25 years and aggravated home invasion will attract a statutory minimum non-parole period of three years.

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. To recognise the traumatic effect on victims, the Bill specifically introduces an element of “strict liability” which means it is irrelevant whether the offender knew if there was someone home at the time.

Aggravated home invasion applies where there are at least three offenders, they are armed, and commit a burglary on premises where a person was present and the offender knew or was reckless as to whether there were people in the home.

Carjacking applies when an offender or offenders steal a vehicle and use force, or threaten to use force. Aggravated carjacking occurs when the person committing the offence has an offensive weapon, or they cause injury to another person during the commission of the offence.

Quotes attributable to the Premier Daniel Andrews

“People have the right to feel safe in their homes and in their cars.”

“These tough new laws are about protecting the community and keeping Victorians safe.”

Quotes attributable to the Attorney General Martin Pakula

“Carjacking and home invasion are traumatic for victims and their families. The Andrews Labor Government is sending a clear message to criminals that this behaviour will not be tolerated.”

“We have been working closely with Victoria Police and we are giving them the laws they need to deal with these perpetrators.”

Quotes attributable to Minister for Police Lisa Neville

“While carjackings and home invasions are happening in small numbers across Victoria – these are appalling crimes which take a huge toll on their victims and impact communities.”

“The community expects that police will have the powers and resources they need to target these criminals – and that's exactly what we're giving them.”

Reviewed 19 August 2020

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