Victorian Numbered Acts Victorian Numbered ActsAfter section 77 of the Crimes Act 1958 insert —
(1) A person commits a home invasion if—
(a) the person enters a home as a trespasser with intent—
(i) to steal anything in the home; or
(ii) to commit an offence, punishable by imprisonment for a term of 5 years or more—
(A) involving an assault to a person in the home; or
(B) involving any damage to the home or to property in the home; and
(b) the person enters the home in company with one or more other persons; and
(c) either—
(i) at the time the person enters the home, the person has with them a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive; or
(ii) at any time while the person is present in the home, another person (other than a person referred to in paragraph (b)) is present in the home.
(2) For the purpose of subsection (1)(c)(ii), it is immaterial whether or not the person knew that there was, or would be, another person present in the home.
(3) A person who commits a home invasion commits an offence and is liable to level 2 imprisonment (25 years maximum).
(4) A person may be found guilty of an offence against this section whether or not any other person is prosecuted for or found guilty of the offence.
(5) In this section—
"explosive", firearm , imitation explosive", "imitation firearm , and offensive weapon have the same meanings as in section 77;
"home" means any building, part of a building or other structure intended for occupation as a dwelling and includes the following—
(a) any part of commercial or industrial premises that is used as residential premises;
(b) a motel room or hotel room or other temporary accommodation provided on a commercial basis;
(c) a rooming house within the meaning of the Residential Tenancies Act 1997 ;
(d) a room provided to a person as accommodation in a residential care service, hospital or any other premises involved in the provision of health services to the person;
(e) a caravan within the meaning of the Residential Tenancies Act 1997 or any vehicle or vessel used as a residence.
(1) A person commits an aggravated home invasion if—
(a) the person enters a home as a trespasser with intent—
(i) to steal anything in the home; or
(ii) to commit an offence, punishable by imprisonment for a term of 5 years or more—
(A) involving an assault to a person in the home; or
(B) involving any damage to the home or to property in the home; and
(b) the person enters the home in company with 2 or more other persons; and
(c) at the time the person enters the home—
(i) the person has with them a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive; and
(ii) the person knows or is reckless as to whether there is or will be another person (other than a person referred to in paragraph (b)) present in the home while the person is present in the home; and
(d) at any time while the person is present in the home, another person (other than a person referred to in paragraph (b)) is present in the home.
(2) A person who commits an aggravated home invasion commits an offence and is liable to level 2 imprisonment (25 years maximum).
(3) A person may be found guilty of an offence against this section whether or not any other person is prosecuted for or found guilty of the offence.
(4) In this section—
"explosive", firearm , imitation explosive", "imitation firearm , and offensive weapon have the same meanings as in section 77;
"home" has the same meaning as in section 77A.
Notes
1 Section 10AC of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 77B and that a non-parole period of not less than 3 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.
2 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AC of that Act do not apply and the court has full sentencing discretion.
If on the trial of a person charged with an offence against section 77B (aggravated home invasion) the jury are not satisfied that the person is guilty of the offence charged but are satisfied that the person is guilty of an offence against section 77A (home invasion), the jury may acquit the person of the offence charged and find the person guilty of the offence against section 77A and the person is liable to punishment accordingly.".