Aggravated Home Invasion 

A charge of aggravated home invasion contains the following elements to be proven to be successful:

1. The accused committed home invasion;

2. At the time of the home invasion, the accused was armed with a weapon or had another person with them;

3. The accused knew or was reckless as to whether they were armed or accompanied; and

4. The accused intended to use the weapon or the presence of another person to facilitate the offence or overcome resistance.

Aggravated home invasion charges are heard in the County Court and are treated as serious indictable offences.

Once the case goes to court, it is up to the prosecution to prove all elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument.

Sentencing for aggravated home invasion is severe, with courts imposing substantial prison sentences. Factors considered include whether weapons were used, whether anyone was injured, and any prior criminal history.