New legislation has been introduced to create new offences relating to carjacking and home invasion. This means new penalties and minimum sentences for aggravated carjacking and aggravated home invasion, for all ages. If you are being charged under these new laws, you will need legal representation. Contact Vanessa Ash.
The Crimes Act 1958 will be amended with the new offences:
- Carjacking – maximum penalty 15 years
- Aggravated carjacking – maximum penalty 25 years, statutory minimum non-parole period of three years
- Home invasion – maximum penalty 25 years
- Aggravated home invasion – maximum penalty 25 years with minimum non-parole period of three years
The Bail Act 1977 will be amended to include a presumption against bail for aggravated carjacking, home invasion, and aggravated home invasion. Any person accused of these offences will need to justify why they should get bail.
What is a ‘home invasion’ in the eyes of the law?
Home invasion means when a person, in the company of others, commits a burglary while armed or when there is a person in the house. There is a clause that makes it irrelevant if the offender knew someone was at home at the time or not.
Aggravated home invasion means there are at least three offenders who are armed, and commit a burglary at a home or other place where a person was present, and the offender knew or was reckless about this fact.
Carjacking means that an offender or offenders steal a vehicle and use force, or threaten to use force.
Aggravated carjacking means the person committing the offence has a weapon or causes injury to another person during the carjacking.
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