>[!info] >[s. 77B Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s77b.html "Aggravated 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 2 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** **AND** 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#64180.htm "Charge Book - Aggravated Home Invasion") relating to this matter. # Example Dwayne, Michael and Danny break into Jimmy's house with the intent to assault Jimmy. They know Jimmy is home and they all enter the house at the same time wielding offensive weapons and utilise them to assault Jimmy inside 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; **AND** 6. Person Present (whether known or reckless to knowing)