Offence(s)
- Aggravated home invasion pursuant to s 77B of the Crimes Act 1958. Penalty: Level 2 imprisonment (25 years maximum) A term of imprisonment with a non-parole period of not less than 3 years must be imposed unless some special reason exists.
- Home invasion pursuant to s 77A of the Crimes Act 1958. Penalty: Level 2 imprisonment (25 years maximum). term of imprisonment must be imposed unless some special reason exists.
- False Imprisonment (Common Law). Penalty: Level 5 imprisonment (10 years maximum).
- Threats to inflict serious injury pursuant to s 21 of the Crimes Act 1958. Penalty: Level 6 imprisonment (5 years maximum).
- Theft pursuant to s 74 of the Crimes Act 1958. Penalty: Level 5 imprisonment (10 years maximum).
- Common assault pursuant to s 23 of the Summary Offences Act 1966. Penalty: 15 penalty units (3 month maximum).
Relevant Legislation
- Mandatory sentencing under s 5(2H) of the Sentencing Act 1991.
Summary of the facts
The police accused our client of attending the residence of a person known to him under false pretence for the purpose of letting his co-accused into the premises, who would then assist him in carrying out an aggravated home invasion.
Summary of the outcome
Our client instructed that he had no prior knowledge of his co-accused’s plan when he opened the door to them. He further instructed that the co-accused had assaulted him upon entering the premises and that he collected his property and fled at his first opportunity to do so. We argued that the prosecution could not prove our client had the required knowledge of intention to commit an aggravated home invasion.
The matter proceeded to Trial in the County Court and our client was found not guilty of all charges.
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