The Victorian government is going to introduce a new bill in the state parliament to apply tougher penalties and sentences for crimes such as carjackings and home invasions. Some provision under the new law will apply regardless of the age of the offender.
The legislation is being introduced at the back of a series of alleged crimes by under-aged offenders, including aggravated burglaries, carjackings and home invasions in Melbourne.
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.
The new legislation, developed in close consultation with Victoria Police, will amend the Crimes Act 1958 to create new offences of carjacking, aggravated carjacking, home invasion and aggravated home invasion.
“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,” said Premier Daniel Andrews.
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.
Minister for Police Lisa Neville said: “The community expects that police will have the powers and resources they need to target these criminals, and that’s exactly what we are giving them.”
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.
More from SBS Punjabi
Another Indian-Australian family terrorised by 'teenage burglers'
