Where an offender is charged with home invasion on a complicity basis, the offender's own deliberate entry into the premises may be taken into account as an aggravating circumstance of the single offence, as it constitutes a continuation of the assistance forming the basis of complicity rather than a separate uncharged offence. Section 324 of the Crimes Act 1958 (Vic) does not render the complicit offender guilty of a different offence; the secondary offender is taken to have committed the same offence as the principal.
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