Qld Man Held Hostage After Bizarre Home Invasion

, Qld Man Held Hostage After Bizarre Home Invasion

Qld Man Held Hostage After Bizarre Home Invasion

Authorities continue to search for the five men who invaded a Qld home over the weekend, holding one man hostage and causing another to have serious head injuries.

According to 2017 statistics, there were 225,900 recorded home invasions in Australia, or one every 3 minutes, taking 75% of intruders less than 5 minutes to enter a property!

THE STORY

It was reported over the weekend that a group of armed men stormed into an Alderley unit in Qld, assaulting one of its residents and trashing his home. A witness states that the men were holding machetes, guns and knives and described the incident as a “crazy scene, with blood everywhere.”

Witnesses say there were five men who stormed the unit at about 12.30am, threatening the group, and taking 23-year-old James McLeod to their car and dumping him 3kms away from his home.

Nine hours later, Mr McLeod’s phone was tracked to a nature reserve in Wilston, where he was found with his facial injuries and completely swollen on the left side of his face.

Another man was taken to hospital with head injuries. Police have spoken with both of the men who were injured but they’ve shed little light on exactly what occurred.

WHAT IS BREAK AND ENTER?

A person is guilty of the offence of break and enter (B&E) if they enter or break in the place of another person without the latter’s consent, with intent to commit an offence.

There are a number of break and enter offences in NSW. They include:

  • break out of a dwelling-house after committing, or enter with intent to commit, an indictable offence (s 109, maximum penalty 14 years)
  • break enter and assault with intent to murder (s 110, maximum penalty 25 years)
  • enter a dwelling house with intent to commit a serious indictable offence (s 111, maximum penalty 10 years)
  • break, enter and commit a serious indictable offence (s 112, maximum penalty 14 years)
  • break and enter with intent to commit a serious indictable offence (s 113, maximum penalty 10 years)
  • being armed with intent to commit an indictable offence (s 114, maximum penalty 7 years), and
  • being a convicted offender armed with intent to commit an indictable offence (s 115, maximum penalty 10 years).

A person can be charged with this offence if they break something like a door, gate, lock, window or they enter a house or premises and commit a serious indictable offence such as stealing or seriously assaulting someone.

THE LAW

Section 112 of the Crimes Act 1900 (NSW) defines Break and Enter as a person who:

  • breaks and enters any dwelling-house or other building and commits any serious indictable offence therein; or
  • being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building, is guilty of an offence and liable to imprisonment for 14 years.

An person who is charged with Aggravated offence

A person is guilty of an offence under if

  • the person commits an offence under subsection (1) in circumstances of aggravation.

A person convicted of an offence under this subsection is liable to imprisonment for 20 years.

Specially aggravated offence

A person is guilty of an offence if the person commits an offence under subsection (2) in circumstances of special aggravation.

A person convicted of an offence under this subsection is liable to imprisonment for 25 years.

What must the Prosecution prove?

To establish break and enter the Prosecution must prove each of the following matters beyond reasonable doubt:

  • That you broke something;
  • That that by breaking something you gained access into a house, residence or premises;
  • The that you entered the house, residence or premises; and
  • That you either stole something or committed a serious indictable offence.

Maximum Penalties

Break and Enter can be punished with a sentence of imprisonment up to 2 years (if heard in the Local Court) or up to 14 years (if heard in the District Court).

If it is an “aggravated offence” the maximum period imprisonment increases up to 20 years.

If it is a “specially aggravated offence” the maximum imprisonment is up to 25 years.

Section 86(1) of the Crimes Act 1900 (NSW) outlines the offence of kidnapping:

A person who takes or detains a person, without the person’s consent:

with the intention of holding the person to ransom, or with the intention of committing a serious indictable offence, or with the intention of obtaining any other advantage,

is liable to imprisonment for 14 years.

The offence is aggravated if it is committed in the company of another person or persons, or if actual bodily harm was occasioned to the alleged victim at the time of, or immediately before or after the kidnapping. The maximum penalty is 20 years in these circumstances.

The offence is specially aggravated if it is committed in both the company of another person or persons, and if actual bodily harm was occasioned to the alleged victim at the time of, or immediately before or after the kidnapping. The maximum penalty is 25 years in these circumstances.

To read more about the offence of break and enter, please click on this link.

To read more about the offence of kidnapping, please click on this link.

To read our previous blog on the topic of kidnapping, please click on the link.

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