Committal proceedings continue in Australian courts against many individuals charged with heinous crimes during a home invasion. The question arises as to how the homeowners can protect their belongings and themselves during home invasions. There are cases of murder to protect themselves during such cases as well. Top criminal lawyers Perthdeal with the repercussions with expertise in such situations. This article will understand the Australian laws against home invasion crimes. Before we look into that, let us understand what home invasion means.
“Home Invasion” is not a legal term. It was coined in the 1990s for describing several offenders entering a home unlawfully carrying weapons to injure or rob the person residing there.
Though there is no specific offence of home invasion in Australia, pertinent crimes are generally prosecuted through offences like armed robbery or general robbery, general burglary or aggravated burglary, breaking with intent, and assault.
However, two states, Western Australia and southern Australia have laws to deal with the specific issue of self-defense during a home invasion. In addition to that, protection and security against home invasion might involve a citizen being arrested. You must appoint criminal Defence lawyers in Perth to reach a favorable outcome in such cases.
Suppose a person enters a scheduled public place or a private space without permission from the occupier or owner or without any legitimate reasons. In that case, a person commits an offence under the Summary Offences Act 1966, Section 9(1)(e ). Mental health services, treatment facilities, public schools and residential services fall under scheduled public places.
Commonly, if one enters a place without permission, it is known as trespass. A trespasser might be penalized with a fine of 25 penalty units or imprisonment of six months for such an offence. Sometimes prison sentences are handed down for such offenses. It is normal to receive a sentence with some non-custodial penalty or a fine for these offences. A person might also be sued for trespass as it is a civil wrong.
There can be multiple defences when a person is charged with entering a place without permission. Criminal defense lawyers in Perth are experts in dealing with such cases.
It is a legitimate defence if the accused holds a reasonable and honest belief that the place did not fall under a scheduled public place or was not a private place.
If the accused entered an emergency like protecting themselves during an assault, it is a legitimate defense.
If the accused did not intentionally enter the place, it is a legitimate defense.
If the accused possessed the lawful authority of the occupier or the owner to enter the place, it could be a legitimate defense.
The Crimes Act 1958, section 77 states that a person commits burglary if they enter a property as a trespasser with the motive of committing any offense such as damaging the property, an assault or an offense. These acts are punishable crimes, and the person can be imprisoned for five years or more, and burglary can be punished with imprisonment for a maximum of ten years. Know more about burglary law contact with the burglary lawyer Perth
The Crimes Act 1958, section 76 states that a person commits burglary when they commit burglary whilst possessing any offensive weapon, firearm or explosive. They also face similar charges if a person was present in the entered place and the accused had knowledge about it or was reckless about a person being present. Maximum imprisonment of 25 years is imposed in case of aggravated burglary.
The Crimes Act 1958, section 77, states that a person can be charged with home invasion when they enter a home without any authority and intend to steal or commit any offense that might involve property damage or an assault. Five years or more imprisonment can be levied on the accused, and if the accused was in company with one or multiple people, they received the same punishment.
Carrying a firearm, explosive or offensive arm is taken as an offense. Punishment for a home invasion is a maximum of 25 years.
Aggravated Home Invasion
If the person is in the company of two or more people whilst committing a home invasion, it is an aggravated home invasion (section 77B).
You can use force to eject a person who has entered your home, premises, land, and building unlawfully. However, you must only use the necessary force to protect yourself or your property. You might get charged with the offense if you use more than reasonable force for ejecting a trespasser. The top criminal lawyers might help you defend yourself in such situations.