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32.6.3.3 - Mid range aggravated burglary: 1 < 4 years

Most aggravated burglary sentences fall within this extended ‘mid-range’ of sentences. This range collected 67% of the sentences imposed for aggravated burglary offences sentenced as the principal proven offence between 2004/05 and 2008/09. This category incorporates sentences at the average and median points of the range for this offence.

The Court of Appeal considered 44 cases with aggravated burglary sentences in this range between January 2007 and November 2010.

Their characteristics include:

 Sentence

Features

Case example

3.5 years

e.g. 3.5A - Home invasion in company armed with a hammer; demands made of victims - one also injured; guilty plea; several prior convictions for similar offences; good rehabilitation prospects

Morgan [2010] VSCA 248

3 years

e.g. 3A – Home invasion in company armed with pistol and baton intending to rob drug dealer; victims bound; co-offender killed; appalling criminal record

TG [2008] VSCA 83

e.g. 3B – Two home invasions armed with baseball bat, intending to steal pills then minor items; bad criminal history; youthful recidivist; alcohol affected offending

Hogan [2008] VSCA 279

e.g. 3C – Entered milk bar to steal tobacco; complicit in prior assault on milk bar employees; multiple previous convictions

Johnstone [2007] VSCA 193

e.g. 3D – [Attempt only] toy gun; attempted drug rip-off; drug affected; serious criminal history

Humphries [2010] VSCA 161

2.5 years

e.g. 2.5A – Unarmed home invasion; long-term heroin addict; numerous prior convictions

Bult [2008] VSCA 227

e.g. 2.5B - Home invasion armed with screwdriver; victim assaulted; mistaken vigilante motivation; numerous prior convictions; personality disorder

Gunn [2007] VSCA 214

2 years

e.g. 2A – Unarmed intrusion in company into rooming house formerly occupied by offender; assault on and theft from acquainted victims; prior convictions; mental health issues

Bloomfield [2009] VSCA 302

e.g. 2B – House burglary armed with firearm; parole offending

Kirby [2010] VSCA 136

e.g. 2C – Unarmed intrusion in company into rooming house formerly occupied by co-offender; assault on and theft from acquainted victims; prior convictions; drug abuse issues

Davidson [2009] VSCA 302

e.g. 2D – Burglary by partial entry into house armed with knife, intending to assault householder, who prevented full entry; offending breached various orders; several prior convictions; intellectual disability

Foster [2007] VSCA 85

e.g. 2E – Unarmed home burglary, robbing teenage occupant; drug affected offender; numerous prior convictions

Wolfe [2008] VSCA 284

e.g. 2F – Home invasion in company using makeshift weapons; assaulted acquaintance victims, causing serious injuries; many prior convictions; mental health issues

Christopher [2007] VSCA 290

18 months

e.g. 18A – Forced entry, in company, into acquaintances’ home, intending to assault victim; victim assaulted and injured; some prior convictions; rehabilitated from heavy alcohol abuse

Lambourn [2007] VSCA 187

e.g. 18B – Home invasion by group of angry people following dispute between neighbours; intention to assault; victim assaulted and injured; one previous court appearance; offending on bail

Black [2007] VSCA 82

e.g. 18C – Unarmed home intrusion in company; acquainted parties; occupant seriously injured; minor theft; poor criminal history

McCarthy [2010] VSCA 87

e.g. 18D – Home invasion in company intending to assault love rival; victim assaulted and injured; drug and alcohol issues; major life setbacks at time of and subsequent to offending

Kolokythas [2007] VSCA 80

12 months

e.g. 12A – Unarmed intrusion in company into rooming house formerly occupied by co-offender; assault on and theft from acquainted victims; minor criminal history; troubled background; drug abuse issues

Wilson [2009] VSCA 302

e.g. 12B – Post-relationship unarmed intrusion; occupant assaulted; emotional offending; limited criminal history

Matthews [2010] VSCA 177

Last updated: 8 November 2012

See Also

32.6.3 - Sentence categories for aggravated burglary

32.6.3.1 - Highest range aggravated burglary: 7 to 25 years

32.6.3.2 - High range aggravated burglary: 4 < 7 years