Home invasion is a serious criminal offence under Section 77A of the Crimes Act 1958 (Vic). It involves unlawful entry into someone's home as a trespasser, meaning without permission or any lawful reason to enter. Understanding the distinction between home invasion and burglary is essential; while burglary relates to any building, home invasion specifically pertains to a residential property.
Home invasion can be committed in two primary ways:
1. While Armed: This involves a person entering a home with one or more persons with an intent to
And they had with them a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive
2. Where a Person was Present: This involves a person committing a burglary of a home and entering with:
If two or more persons enter a home with a firearm or weapon and at any time another person is in the home, then it becomes an aggravated home invasion. This offence is defined under Section 77B of the Crimes Act and carries serious legal repercussions.
An aggravated home invasion involves two or more persons entering a home as a trespasser with an intent to -
And at the time one of the persons is carrying a firearm, imitation firearm, offensive weapon or explosive or imitation explosive and another person (other than the accused) is present in the home.
Both home invasion and aggravated home invasion are dealt with in the County Court.
Understanding the legal definitions and potential penalties associated with home invasion and aggravated home invasion is crucial for anyone involved in or affected by these offences. For further information, call our office and speak to one of our experienced lawyers.
At Stary Norton Halphen we are experienced criminal lawyers. We can provide you with pre interview advice and if you are charged we will carefully review the evidence and prepare the strongest defence for your case.
We are a specialist criminal law firm. Our lawyers regularly appear in the Magistrates’, County and Supreme Courts. We have a strong track record in defending serious charges and providing our clients with clear guidance at every stage of the case.
Both offences involve entering as a trespasser however burglary relates to any building, whilst home invasion specifically pertains to a residential property.
No, you can also be charged with home invasion if a person is present in the home when you enter.
An aggravated home invasion involves two or more persons entering a home as a trespasser with an intent to -
Steal anything in the house; or
Commit an offence punishable by imprisonment for 5 or more years; or
Assault a person; or
Damage the home or property.
And at the time one of the persons is carrying a firearm, imitation firearm, offensive weapon or explosive or imitation explosive and another person (other than the accused) is present in the home.
The maximum penalty for home invasion is 25 years' imprisonment. It is a Category 2 offence meaning a term of imprisonment must be imposed unless there are special circumstances.
Courts must impose a custodial sentence (imprisonment) for home invasion if a person is over the age of 18, unless special circumstances exist, such as impaired mental functioning, assistance to authorities or substantially compelling circumstances that are exceptional and rare.
An offensive weapon is any article made or adapted to cause injury or incapacitate a person, or intended to be used for that purpose. This includes items specifically adapted for use as a weapon.
If a person is in the home at the time you may be charged with home invasion or aggravated home invasion, depending on the number of persons you entered the home with.
Advice from a competent and experienced criminal lawyer before you are interviewed can and often does have a meaningful impact on the outcome of your case and in some instances, is the difference between whether your matter proceeds to court or not.
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