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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Code Amendment (Home Invasion)
Bill 2000
A Bill for
An Act to amend The Criminal Code.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Criminal Code Amendment (Home
5 Invasion) Act 2000.
page 1
5--1
Criminal Code Amendment (Home Invasion) Bill 2000
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Criminal Code amended
5 The amendment in this Act is to The Criminal Code*.
[* Reprinted as at 2 October 1999 as the Schedule to the
Criminal Code Act 1913 appearing in Appendix B to the
Criminal Code Compilation Act 1913.
For subsequent amendments see 1999 Index to Legislation of
10 Western Australia, Table 1, p. 60, and Act No. 17 of 2000 .]
4. Section 244 replaced
Section 244 is repealed and the following section is inserted
instead --
"
15 244. Defence against home invasion
(1) It is lawful for a person ("the occupant") who is in
peaceable possession of a dwelling to use any force or
do anything else that the occupant believes, on
reasonable grounds, to be necessary --
20 (a) to prevent a home invader from wrongfully
entering the dwelling or an associated place;
(b) to cause a home invader who is wrongfully in
the dwelling or on or in an associated place to
leave the dwelling or place;
25 (c) to make effectual defence against violence used
or threatened in relation to a person by a home
invader who is --
(i) attempting to wrongfully enter the
dwelling or an associated place; or
page 2
Criminal Code Amendment (Home Invasion) Bill 2000
s. 4
(ii) wrongfully in the dwelling or on or in
an associated place;
or
(d) to prevent a home invader from committing, or
5 make a home invader stop committing, an
offence in the dwelling or on or in an associated
place.
(2) A person is a "home invader" for the purposes of
subsection (1) if the occupant believes, on reasonable
10 grounds, that the person --
(a) intends to commit an offence; or
(b) is committing or has committed an offence,
in the dwelling or on or in an associated place.
(3) The authorisation conferred by subsection (1)(a), (b) or
15 (d) extends to a person assisting the occupant or acting
by the occupant's authority.
(4) Section 250 applies to the authorisation conferred by
subsection (1)(c).
(5) This section has effect even if the conduct it authorises
20 would not otherwise be authorised under this Chapter.
(6) In this section --
"associated place" means --
(a) any place that is used exclusively in
connection with, or for purposes ancillary to,
25 the occupation of the dwelling; and
(b) if the dwelling is one of 2 or more dwellings
in one building or group of buildings, a place
that occupants of the dwellings use in
common with one another;
30 "offence" means an offence in addition to any
wrongful entry;
page 3
Criminal Code Amendment (Home Invasion) Bill 2000
s. 4
"place" means any land, building or structure, or a part
of any land, building or structure.
".
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