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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

Hogan [2008] VSCA 279

Johnstone [2007] VSCA 193

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

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

Kirby [2010] VSCA 136

Davidson [2009] VSCA 302

Foster [2007] VSCA 85

Wolfe [2008] VSCA 284

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

Black [2007] VSCA 82

McCarthy [2010] VSCA 87

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

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