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Home Invasion and Aggravated Home Invasion

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. 

Types of Home Invasion 

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 the intent to 

  1. Steal anything in the house; or 

  2. Commit an offence punishable by imprisonment for 5 or more years; or 

  3. Damage the home or property 

  4. Assault a person; or 

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:

  • One or more persons; and

  • Entering the home whilst someone is present inside 

‍Aggravated Home Invasion 

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 -

  1. Steal anything in the house; or 

  2. Commit an offence punishable by imprisonment for 5 or more years; or 

  3. Assault a person; or 

  4. 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. 

Legal Penalties 

  • Home Invasion is classified as a Category 2 offence, requiring a term of imprisonment be imposed unless special reasons exist. The maximum penalty for home invasion is 25 years' imprisonment. 

  • Aggravated Home Invasion is a Category 1 offence, mandating imprisonment for offenders aged 18 and older at the time of committing the offence. Further, under s10AC of the Sentencing Act, the court must impose a non-parole period of at least 3 years unless special reasons exist. The maximum penalty for aggravated home invasion is life imprisonment. 

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.

‍How We Can Help If You’re Charged With Home Invasion

At Stary Norton Halphen & Galbally 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.

Why Choose Stary Norton Halphen & Galbally

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.

Frequently Asked Questions

  • 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.

  • 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.

  • 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.

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