If you have been charged with Aggravated Home Invasion, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the Offence
For the prosecution to prove the offence of Aggravated Home Invasion, they must prove beyond a reasonable doubt all of the elements of the offence which are set out in s77B Crimes Act 1958 and are as follows:
- The accused committed burglary of a home (refer to the offence of Burglary for an explanation of that offence); and
- The accused entered the home in company with two or more other people; and
- At the time of entry the accused had a firearm, imitation firearm, offensive weapon, explosive or imitation explosive; and
- At the time of entry the accused knew or was reckless as to whether there was or will be another person in the home at the time the accused is present; and
- Another person was present while the accused was in the home.
Will I have to go to court?
Charges for Aggravated Home Invasion are dealt with in the County or Supreme Court. Expert legal advice is important in ensuring the most appropriate defence to a charge of Aggravated Home Invasion.
Once the case goes to court, it is up to the prosecution to prove all the elements of the offence. It is important that you seek expert legal advice to prepare a defence and to represent you in court as this offence carries a significant maximum sentence of imprisonment.
Maximum penalty:
The maximum penalty for this offence is 25 years imprisonment.
What sentences are usually given?
Between 1 July 2016 to 30 June 2021, 50 people were sentenced for Aggravated Home Invasion in the higher courts, with all of them sentence to imprisonment (84%) or youth detention (16%), with a median sentence of 5.7 years.
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.
Contact our office today to speak to an accredited criminal law specialist, on (03) 9077 4834 or at admin@emmaturnbull.com.au