>[!info] >[s. 77A Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s77a.html "Home Invasion") — A **person** commits a home invasion if; the person enters a home as a **trespasser** with the **intent** to **steal** anything in the home; or to commit an offence involving an **assault** to a person or involving **damage** to the home or property in the home; **AND** the person enters the home in company with one or more other persons; **AND** at the time of entering the home has with them a **firearm**, an **imitation** **firearm**, an **offensive** **weapon**, an **explosive** or **imitation** **explosive** or a **person is present** in the home. >[!success] >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#64174.htm "Charge Book - Home Invasion") relating to this matter. # Example Kareem and Kevin decide to team up and go into Stephen's house with the intent to steal his television. They both go with a knife and use it whilst in the property to cause some damage along the way. An offensive weapon is present with 2+ criminals entering the home. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence heard at the County Court. # Points of Proof 1. Identity 2. [[24.13 Trespass]] 3. [[21.04 Theft]]; or [[23.03 Cause Injury Intentionally or Recklessly]]; or [[21.02 Criminal Damage]] 4. Entry in Company with one or more other perpetrators 5. Firearm, Imitation Firearm, Offensive Weapon, Explosive or Imitation Explosive; or 6. Person Present (whether known or reckless to knowing)