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CRIMINAL LAW

Home Invasion - Penalties

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The former Home Invasion sentencing principles are now gone.    Finito. 

They were only part of our law for a short period.

They were complicated to understand but basically added an extra five years potential imprisonment if you committed a crime after breaking and entering a dwelling house while it was occupied.  But they chucked it out.

The law has been replaced by a rather general provision in Section 9 of the new Sentencing Act 2002 which came into force in July 2002.  See the section below,  particularly 9 (1) b. 

9 Aggravating and mitigating factors

  (1)  In sentencing or otherwise dealing with an offender the court must take
into account the following aggravating factors to the extent that they are
applicable in the case:

      (a)  that the offence involved actual or threatened violence or the
actual or threatened use of a weapon:

      (b)  that the offence involved unlawful entry into, or unlawful presence
in, a dwelling place:

      (c)  that the offence was committed while the offender was on bail or
still subject to a sentence:

      (d)  the extent of any loss, damage, or harm resulting from the offence:

      (e)  particular cruelty in the commission of the offence:

      (f)  that the offender was abusing a position of trust or authority in
relation to the victim:

      (g)  that the victim was particularly vulnerable because of his or her
age or health or because of any other factor known to the offender:

      (h)  that the offender committed the offence partly or wholly because of
hostility towards a group of persons who have an enduring common characteristic
such as race, colour, nationality, religion, gender identity, sexual
orientation, age, or disability; and

          (i)     the hostility is because of the common characteristic; and

          (ii)    the offender believed that the victim has that
characteristic:

      (i)  premeditation on the part of the offender and, if so, the level of
premeditation involved:

      (j)  the number, seriousness, date, relevance, and nature of any previous
convict

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