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CRIMES ACT 1958 - SECT 77B

Aggravated home invasion

    (1)     A person commits an aggravated home invasion if—

        (a)     the person enters a home as a trespasser with intent—

              (i)     to steal anything in the home; or

              (ii)     to commit an offence, punishable by imprisonment for a term of 5 years or more—

    (A)     involving an assault to a person in the home; or

    (B)     involving any damage to the home or to property in the home; and

        (b)     the person enters the home in company with 2 or more other persons; and

        (c)     at the time the person enters the home

              (i)     the person has with them a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive; and

              (ii)     the person knows or is reckless as to whether there is or will be another person (other than a person referred to in paragraph (b)) present in the home while the person is present in the home; and

        (d)     at any time while the person is present in the home, another person (other than a person referred to in paragraph (b)) is present in the home.

    (2)     A person who commits an aggravated home invasion commits an offence and is liable to level 2 imprisonment (25 years maximum).

    (3)     A person may be found guilty of an offence against this section whether or not any other person is prosecuted for or found guilty of the offence.

    (4)     In this section—

"explosive, firearm, imitation explosive, imitation firearm", and offensive weapon have the same meanings as in section 77;

"home" has the same meaning as in section 77A.

Notes

1     Section 10AC of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 77B and that a non-parole period of not less than 3 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.

2     If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AC of that Act do not apply and the court has full sentencing discretion.

S. 77C inserted by No. 50/2016 s. 3.



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