Previous Topic

Next Topic

Book Contents

Book Index

7.5.7 – Aggravated Home Invasion

Click here to obtain a Word version of this document

  1. Aggravated home invasion is an offence under the Crimes Act 1958 s77B.
  2. The offence has the following five elements:
    1. The accused committed burglary of a home;
    2. The accused entered the home in company with two or more other persons;
    3. At the time of entry the accused had with them a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive;
    4. At the time of entry the accused knows or is reckless as to whether there is or will be another person (other than a co-offender) in the home while the accused is present; and
    5. While the accused was in the home, a person (other than a co-offender) was present in the home (Crimes Act 1958 s77B).
  3. These are addressed in turn below.

    Burglary of a home

  4. The first element is that the accused committed a burglary of a home (Crimes Act 1958 s77B(1)(a)).
  5. This is the same element as for the basic offence of home invasion. See Home Invasion and Burglary for information about this element.

    Entry in company with two or more people

  6. The second element is that the accused entered the home in company with two or more other people (Crimes Act 1958 s77B(1)(b)).
  7. For a discussion of the meaning of "entry in company", see Home Invasion.
  8. This offence requires two or more co-offenders, whereas the basic offence of home invasion could be committed with a single co-offender.

    The accused was armed

  9. The third element that the prosecution must prove is that at the time the accused entered the home he or she had one of the following items with him or her:
    1. A firearm;
    2. An imitation firearm;
    3. An offensive weapon;
    4. An explosive; or
    5. An imitation explosive (Crimes Act 1958 s77B(1)(c)(i)).
  10. For more information on this element, see Aggravated Burglary and Home Invasion.

    Knowledge or recklessness of inhabitants

  11. The fourth element the prosecution have to prove is that at the time the accused entered the home he or she either:
    1. Knew that a person was present, or would be present, in the home; or
    2. Was reckless about whether a person was present or would be present (Crimes Act 1958 s77B(1)(c)(ii)).
  12. For this element, the other person present in the home must not be a person with whom the accused entered the home in company with for the purpose of the second element.
  13. For more information about this element, see Aggravated Burglary.

    Presence of inhabitants

  14. The fifth element the prosecution must prove is that while the accused was present in the home, another person (other than a person with whom the accused entered the home in company with) was present in the home (Crimes Act 1958 s77B(1)(d)).

    Proceedings against co-offenders

  15. Section 77B(3) provides that a person may be found guilty of this offence whether or not the co-offenders have been prosecutor for or found guilty of the offence.
  16. This is equivalent to the provision which exists in relation to co-offenders charged under statutory complicity (see Crimes Act 1958 s324A).

    Alternative verdict

  17. The basic offence of home invasion is a statutory alternative to aggravated home invasion (Crimes Act 1958 s77C).

    Last updated: 9 March 2017

In This Section

7.5.7.1 - Charge: Aggravated Home Invasion

7.5.7.2 – Checklist: Aggravated Home Invasion

See Also

7.5 - Dishonesty and Property Offences

7.5.1 - Theft

7.5.2 - Robbery

7.5.3 - Armed Robbery

7.5.4 - Burglary

7.5.5 - Aggravated Burglary

7.5.6 – Home Invasion

7.5.8 – Carjacking

7.5.9 – Aggravated Carjacking

7.5.10 - Handling Stolen Goods

7.5.11 - Recent Possession

7.5.12 - Obtaining Property By Deception

7.5.13 - Obtaining a Financial Advantage By Deception

7.5.14 - Making or Using a False Document

7.5.15 - Blackmail

7.5.16 - Criminal Damage

7.5.17 - Criminal Damage Intending to Endanger Life

7.5.18 - Criminal Damage With a View to Gain

7.5.19 - Arson

7.5.20 - Arson Causing Death

7.5.21 - Intentionally or Recklessly Causing a Bushfire