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7.5.7.2 – Checklist: Aggravated Home Invasion

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The Elements

Seven 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 two or more other people.
  5. NOA had a [firearm / imitation firearm / offensive weapon / explosive / imitation explosive] with him/her when s/he entered the home.
  6. At the time of entering the home, NOA knew or was reckless as to there being another person present in the home.
  7. 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 Aggravated Home Invasion

1.2 Did NOA enter [identify premises]?

If Yes, then go to 2

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

Entry in company

4. Did NOA enter the home in company with two 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 Aggravated Home Invasion

4.2 Were at least two 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 Aggravated Home Invasion

4.3 Were physically present co-offenders able to contribute to the offending?

Consider – Co-offenders 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 Aggravated Home Invasion

[Firearm/imitation firearm/offensive weapon/explosive/imitation explosive]

5. Did NOA have a [firearm/imitation firearm/offensive weapon/explosive/imitation explosive] with him/her at the time of the home invasion?

5.1 Did NOA have [identify item] on him/her or readily available for use at the time of entering the home?

If Yes, then go to 5.2

If No, then the accused is not guilty of Aggravated Home Invasion

5.2 Is [identify item] a [firearm/imitation firearm/offensive weapon/explosive/imitation explosive]?

If Yes, then go to 5.3

If No, then the accused is not guilty of Aggravated Home Invasion

5.3 Did NOA have [identify item] for the purpose of the alleged home invasion?

If Yes, then go to 6

If No, then the accused is not guilty of Aggravated Home Invasion

Knowledge of person present

6. At the time of entering the home, did NOA either know that a person was present in the home or did NOA believe it was probable that a person would be present in the home?

If Yes, then go to 7

If No, then the accused is not guilty of Aggravated Home Invasion

Person present in the home

7. 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 Aggravated Home Invasion (provided you have answered yes to questions 1, 2, 3, 4, 5 and 6)

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

Last updated: 9 March 2017

See Also

7.5.7 – Aggravated Home Invasion

7.5.7.1 - Charge: Aggravated Home Invasion