Home Invasion, Assault, Damage - Will He Go to Jail?

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New Member
28 September 2014
Hi. We had an incident at our home last week and the man has been charged with:
  • Home invasion with Intent
  • Assault with a weapon occasioning bodily harm; and
  • wilful damage.
Will he get Legal Aid representation and is he likely to get a jail sentence under criminal law?


Dear Metisse,

The requirements for obtaining a grant for legal aid representation in court differs from state to state, but generally it is determined based on a means test, similar to what you would need to fill out when applying for centrelink benefits etc. Here is a link to the NSW legal aid means test to give you an indication : http://www.legalaid.nsw.gov.au/get-legal-help/applying-for-legal-aid/means-test-indicator

Unless you have an intimate knowledge of the offender's financial status, it is impossible to know whether or not he would be successful in obtaining a grant for legal representation. Legal aid will however usually provide free legal advice to anyone.

Sentencing for the offences described above depend on which state you are in. Where were the offences committed?