South Australian Numbered Acts

STATUTES AMENDMENT AND REPEAL (AGGRAVATED OFFENCES) ACT 2005 (NO 62 OF 2005) - SECT 23

23—Amendment of section 170—Serious criminal trespass—places of residence

        (1)         Section 170(1), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

            (a)         for a basic offence—imprisonment for 15 years;

            (b)         for an aggravated offence—imprisonment for life.

        (2)         Section 170(2)—delete subsection (2) and substitute:

        (2)         A person who commits a serious criminal trespass in a place of residence is guilty of an aggravated offence if—

            (a)         any of the factors that generally give rise to aggravation of an offence are applicable; ¹ or

            (b)         another person is lawfully present in the place of residence when the offence is committed and the offender knows of the other's presence or is reckless about whether anyone is in the place.

Note—

1         See section 5AA.