Offence Note/s :Triable either way (except as noted below)
Maximum: 14 years' custody
Offence range: Community order - 6 years' custody
This is a specified offence for the purposes of sections 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code if it was committed with intent to:
- inflict grievous bodily harm on a person, or
- do unlawful damage to a building or anything in it.
This offence is indictable only where:
- it is a burglary comprising the commission of, or an intention to commit, an offence which is triable only on indictment; or
- any person in the dwelling was subjected to violence or the threat of violence; or
- if the defendant were convicted, it would be a third qualifying conviction for domestic burglary.
Where sentencing an offender for a qualifying third domestic burglary, the Court must apply section 314 of the Sentencing Code and impose a custodial term of at least three years, unless it is satisfied that there are particular circumstances which relate to any of the offences or to the offender which would make it unjust to do so.
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