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10. Offences against property
 
  Article 82-Offences relating to home invasion  
82.1 Home invasion  
  Home invasion is the act of robbery whilst the owners and/or occupants of the property are located inside or near the property.  
 
 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; and
 2. That the victims were present at the property at the time of the offence; and
 3. That property was taken from the victim's possession; and
 4. That the property was taken by force and/or threat or intimidation from the victim's possession; and
 5. That the actions of the accused contributed to the taking of the property.
 
 
 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;
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;
 
 
 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 men and women under 20 years;
 
 
 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 men and women 14 to 20 years;
 
 
 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 assault and especially cruel torture/violence.
 
     
     
 
 

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