Current sentencing practices for confrontational aggravated burglary (home invasion) — the most common sub-category of aggravated burglary — are inadequate and do not reflect the objective seriousness of the offending or the 25-year maximum penalty. Sentencing judges should no longer regard themselves as constrained by existing practice for this category. The indicative range for a serious example of the offence (with prior relevant convictions) is a total effective sentence of six to eight years with a non-parole period of four to six years. Where there is a conflict between the guidance afforded by the maximum penalty and that afforded by current sentencing practices, the maximum must prevail.
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