Home Invasion

Question 1

in what ways can

Home Invasion

can be committed

s77A CA 1958

Answer 1

The offence can be committed in two alternative ways:

1. Home invasion while armed (s77A(1)(c)(i)); or
2. Home invasion where a person was present (s77(1)(c)(ii)).

Question 2

what are the 3 elements to

Home Invasion While Armed

(FI OW EI)

Answer 2

Home invasion while armed has the following three elements:

1. The accused committed burglary of a home;
2. The accused entered the home in company with one or** **more other persons; and
3. At that time the accused had a firearm, imitation firearm, offensive weapon, explosive or imitation explosive with him or her. (FI OW EI)

Question 3

Outline 3 components that give meaning to

“the accused entered the home ‘in company’ with one or more other persons”

(Crimes Act 1958 s77A(1)(b)).

Answer 3

The element of company requires 3 key components:

1. The offender must share a common purpose to commit the offence with the secondary parties;
2. The secondary parties must be physically present;
3. The secondary parties must actually contribute or be able to contribute, either by emboldening or reassuring the accused by being in a position to assist, or by intimidating the victim (R v Button & Griffen (2002) 54 NSWLR 455 at [120] per Kirby J).

Question 4

outline the 3 elements to the offence of

Home invasion where a person was present

Answer 4

Home invasion where a person was present has the following three elements:

1. The accused committed burglary of a home;
2. The accused entered the home in company with one or more other persons; and
3. A person was present in the home (Crimes Act 1958 s77A).

Question 5

how does Home Invasion where a person was present differ from

aggravated burglary

Answer 5

There is no fault element associated with this offence.

It does not matter whether the accused knew that there was or would be another person in the home (Crimes Act 1958 s77A(2)). This distinguishes this form of the offence from aggravated burglary