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7.5.6.4 – Checklist: Home Invasion (Person Present)

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The Elements

Five elements the prosecution must prove beyond reasonable doubt:

  1. NOA entered a home.
  2. NOA entered the home as a trespasser.
  3. NOA entered the home intending to [identify secondary offence]
  4. NOA entered the home in company with one or more other people.
  5. A person was present while NOA was in the home.

    Entered a home

1. Did NOA enter a home?

1.1 Is [identify premises] a home?

If Yes, then go to 1.2

If No, then the Accused is not guilty of Home Invasion

1.2 Did NOA enter [identify premises]?

If Yes, then go to 2

If No, then the Accused is not guilty of Home Invasion

Entry as a trespasser

2. Did NOA enter the home as a trespasser?

2.1 Did NOA enter the home without any right or authority to enter?

If Yes, then go to 2.2

If No, then the Accused is not guilty of Home Invasion

2.2 Did NOA know that s/he had no right to enter the home or did NOA believe it was probably that s/he had no right to enter?

If Yes, then go to 3

If No, then the Accused is not guilty of Home Invasion

Enter intending to commit an offence

3. Did NOA enter the home intending to commit [insert offence]?

If Yes, then go to 4

If No, then the Accused is not guilty of Home Invasion

Entry in company

4. Did NOA enter the home in company with one or more other people?

4.1 Did NOA agree with [identify alleged co-offenders] to commit the home invasion?

If Yes, then go to 4.2

If No, then the Accused is not guilty of Home Invasion

4.2 Was at least one of [identify alleged co-offenders] physically present in the home with NOA?

If Yes, then go to 4.3

If No, then the Accused is not guilty of Home Invasion

4.3 Was a physically present co-offender able to contribute to the offending?

Consider – A co-offender may be able to contribute by encouraging NOA or by intimidating others in the home

If Yes, then go to 5

If No, then the Accused is not guilty of Home Invasion

Person present in the home

5. Was there a person other than a co-offender present in the home while NOA was trespassing in the home?

If Yes, then the Accused is guilty of Home Invasion (provided you have answered yes to questions 1, 2, 3 and 4)

If No, then the Accused is not guilty of Home Invasion

Last updated: 9 March 2017

See Also

7.5.6 – Home Invasion

7.5.6.1 - Charge: Home Invasion (While Armed)

7.5.6.2 – Checklist: Home Invasion (While Armed)

7.5.6.3 - Charge: Home Invasion (Person Present)