Have you been Charged with Aggravated Home Invasion?
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Using a Firearm in the Commission of an Offence
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Being Armed with Criminal Intent
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Kidnapping
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Robbery
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Armed Robbery
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Aggravated Burglary
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Home Invasion
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Aggravated Home Invasion
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Arson
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Criminal Damage
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False Imprisonment
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Public Nuisance
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Riot
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Rout Offence
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Unlawful Assembly
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Intentionally Causing a Very Serious Disease
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Carjacking
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Aggravated Carjacking
What does it mean to be charged with Aggravated Home Invasion?
Aggravated Home Invasion under Section 77B of the Crimes Act 1958 (“CA”) refers to a more serious form of home invasion due to certain aggravating factors. To be charged with aggravated home invasion, the prosecution must prove several specific elements beyond the standard home invasion offense, each of which heightens the severity of the crime.
What must the prosecution prove?
- Trespassing:
- You must have entered a home as a trespasser, meaning without permission from the homeowner or lawful occupant.
- At the time of entering, you must have intended to:
- Steal something from the home, or
- Commit an offence punishable by 5 years or more imprisonment, which could include:
- An assault on someone inside the home.
- Damaging the home or property within the home.
- Accompanied by Two or More People:
- You must have been in the company of at least two other people when entering the home. This distinguishes the charge from regular home invasion, which can involve fewer individuals.
- Possession of a Weapon:
- At the time of entry, you or someone with you must have been armed with a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive. The presence of such a weapon greatly escalates the seriousness of the offence.
- Knowledge or Recklessness About Occupants:
- You must have known or been reckless about whether someone else (besides your accomplices) was present in the home. It doesn’t matter if you were unsure whether someone was there—as long as you were reckless about the possibility, this element is satisfied.
- Presence of Another Person in the Home:
- While you were in the home, another person (besides your accomplices) was present. This could be the homeowner, a resident, or any other occupant. Their presence makes the crime more severe because of the potential danger or harm to them.
77C Alternative Verdict for Aggravated Home Invasion Charge
During the trial of an individual charged with aggravated home invasion under section 77B, if the jury finds insufficient evidence to establish your guilt for the aggravated offence but determines that the evidence supports a conviction for home invasion under section 77A, the jury may acquit you of the aggravated home invasion charge. Instead, they can render a verdict of guilty for the home invasion charge, subjecting you to the appropriate penalties for that offence.
Penalties for Aggravated Home Invasion:
- Maximum Penalty: Aggravated home invasion carries a maximum sentence of 25 years imprisonment, as it is classified as a Level 2 offence.
- Mandatory Imprisonment: According to the Sentencing Act 1991, this is a category 1 offence, meaning a custodial (prison) sentence must be imposed. The court is required to set a non-parole period of at least 3 years, unless there are special reasons that justify a lesser sentence under Section 10A of the Sentencing Act.
Factors and Defences to consider:
- Did you intentionally enter premises that were not your own without permission?
- Did you intend to commit a crime at the time of entry (assault or theft?)
- Did you enter in the company of others?
- Did you or others possess a weapon?
- Did you know or were reckless as to whether anyone was home during your time of entry?
- Do you have any previous convictions of a similar nature?
- Do you have an alibi?
- What were the surrounding circumstances of this offence?
Where will my case be heard?
The court where your case will be heard depends on its severity:
- Magistrates’ Court: Less serious matters, typically where the prosecution does not seek the full 25-year penalty, may be dealt with here.
- County Court: More serious or contested cases will be heard in the County Court.
- Supreme Court: The most severe cases, especially those involving significant violence or complex legal issues, may go to the Supreme Court.
-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Aggravated Burglary
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
-
Carjacking
-
Aggravated Carjacking
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What happens next?
If you’ve been charged with aggravated home invasion, it’s vital to seek expert legal advice immediately. The team at MK Law specialises in handling serious criminal matters and will work with you to build a strong defence. From attending police interviews to representing you in court, we ensure that your rights are protected throughout the legal process.
Our experienced legal professionals will examine all aspects of your case, including:
- Reviewing evidence presented by the prosecution.
- Investigating potential alibis or defences.
- Preparing you for court appearances and guiding you through each step.
At MK Law, we provide clear, practical advice to help you navigate this challenging time. For confidential, expert legal support, call 1800 130 120 today.
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