77AHome invasion

77A Home invasion

(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.

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.

Note to s. 77A inserted by No. 48/2018 s. 89.

An offence against this section is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.