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Home Invasion

If you have been charged with 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 Home Invasion, they must prove beyond a reasonable doubt all of the elements of the offence which are set out in s77A Crimes Act 1958 and are as follows:

  1. The accused committed burglary of a home (refer to the offence of Burglary for an explanation of that offence); and
  2. The accused entered the home in company with one or more other people; and
  3. At the time either:
    1. had a firearm, imitation firearm, offensive weapon, explosive or imitation explosive with them, or
    2. there was a person present in the home.

Will I have to go to court?

Charges for 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 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 this offence carries is 25 years imprisonment.

What sentences are usually given?

Between 1 July 2016 to 30 June 2021, 85 people were sentenced for Home Invasion in the higher courts, with 83.5% (71 people) sentence to imprisonment, with a median sentence of 3.5years.

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