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10. Offences
against property
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Article 82-Offences
relating to home invasion
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| 82.1 |
Home invasion |
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Home invasion is the act of robbery whilst the owners and/or occuptants of the property are located inside or near the property. |
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Primary Fact(s) |
| 1. That the property at which the offence occurred was the domicile of the victim(s) at the time of the offence. |
| 2. That the victims were present at the property at the time of the offence. |
| 3. That property was taken from the victim's possession. |
| 4. That the property was taken by force and/or threat or intimidation from the victim's possession. |
| 5. That the actions of the accused contributed to the taking of the property. |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) if property stolen valued at less than one times average wage earner salary, without any violence or threat;
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4-6 |
a) if property stolen valued at more than 1 times and less than 3 times average wage earner salary, without any violence or threat; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) if property stolen valued at more than 3 times and less than 6 times average wage earner salary, without any violence or threat;
b) if accompanying any minor injury to adults over 20 years; |
4-6 |
a) if property stolen valued at more than 6 times average wage earner salary, without any violence or threat;
b) if accompanying any minor injury to persons under 20 years; |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) if accompanying any serious injury to adults over 20 years; |
4-6 |
a) if accompanying any serious injury to persons 14 to 20 years; |
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Penalty Conditions (Level 6-Crime) |
Type |
Condition(s) |
1-3 |
a) if accompanying any serious injury to children under 14 years;
b) if accompanied by the death of any victim; |
4-6 |
a) if accompanied by the torture and serious injury of any victims.
b) if accompanied by sexual assult and especially cruel torture/violence. |
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